§

FiftyThree, Inc.

No. 86180291 (T.T.A.B. Apr. 12, 2017)
FiftyThree, Inc.

15 Cited authorities

  1. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   32 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. Juice Generation, Inc. v. GS Enterprises LLC

    794 F.3d 1334 (Fed. Cir. 2015)   Cited 28 times   2 Legal Analyses
    Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

  3. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 26 times   3 Legal Analyses
    Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

  4. In re Chatam International Inc.

    380 F.3d 1340 (Fed. Cir. 2004)   Cited 23 times   1 Legal Analyses
    Holding that appellant's JOSE GASPAR GOLD mark is "nearly identical" to registrant's GASPAR'S ALE mark once the descriptive and non-dominant terms JOSE, GOLD and ALE are properly discounted

  5. M2 Software, Inc. v. M2 Communications, Inc.

    450 F.3d 1378 (Fed. Cir. 2006)   Cited 14 times   2 Legal Analyses
    Upholding board's finding of no likelihood of confusion between marks after finding that parties' multimedia CD-Roms were not similar and had different channels of trade; one party's product was used strictly in the film and music industries and the other's was used in the fields of pharmacy and medicine.

  6. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 12 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

  7. Anthony's Pizza Holding Co. v. Anthony's Pizza & Pasta International, Inc.

    415 F. App'x 222 (Fed. Cir. 2010)   Cited 2 times

    No. 2010-1191. November 18, 2010. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Stewart J. Bellus, Collard Roe, P.C., of Roslyn, NY, for appellant. Garrett M. Tuttle, Ballard Spahr LLP, of Denver, CO, for appellee. With him on the brief was Jeffrey J. Cowman. Before RADER, Chief Judge, LOURIE and MOORE, Circuit Judges. PER CURIAM. The Trademark Trial and Appeal Board ("Board") granted the petition of Anthony's Pizza Pasta International, Inc. ("APPI")

  8. Federated Foods v. Fort Howard Paper Co.

    544 F.2d 1098 (C.C.P.A. 1976)   Cited 16 times   1 Legal Analyses
    Stating that the mere existence of modern supermarket containing wide variety or products should not foreclose further inquiry into the likelihood of confusion arising from the use of similar marks on any goods so displayed

  9. Tektronix, Inc. v. Daktronics, Inc.

    534 F.2d 915 (C.C.P.A. 1976)   Cited 15 times
    Holding that the board was not in error in dissecting the marks by considering 38 third party registrations having the suffix "tronics" or "tronix" where the holder of the mark "Tektronix" opposed registration of the mark "Daktronics"

  10. New England Fish Company v. Hervin Company

    511 F.2d 562 (C.C.P.A. 1975)   Cited 2 times

    Patent Appeal No. 74-549. February 27, 1975. William P. Cole, Philadelphia, Pa. (Synnestvedt Lechner, Philadelphia, Pa.) attorneys of record, for appellant. Jacob E. Vilhauer, Jr., Portland, Ore., attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. BALDWIN, Judge. New England Fish Company, owner of the mark KITTY for cat food, appeals from the decision of the Trademark Trial and Appeal Board, dismissing

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,843 times   125 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  12. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,595 times   273 Legal Analyses
    Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

  13. Section 1141f - Effect of filing a request for extension of protection of an international registration to the United States

    15 U.S.C. § 1141f   Cited 7 times   3 Legal Analyses
    Requiring a declaration of "bona fide intention to use the mark in commerce"