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Geo. G. Sandeman Sons & Co. v. Narmada Winery LLC

No. 91198088 (T.T.A.B. Sep. 12, 2013)
Geo. G. Sandeman Sons & Co. v. Narmada Winery LLC

14 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. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 72 times   4 Legal Analyses
    Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

  3. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 74 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

  4. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 73 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  5. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  6. In re Dixie Restaurants, Inc.

    105 F.3d 1405 (Fed. Cir. 1997)   Cited 33 times
    Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

  7. 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

  8. Weiss Associates, Inc. v. HRL Associates, Inc.

    902 F.2d 1546 (Fed. Cir. 1990)   Cited 21 times
    Affirming denial of registration of "TMM" mark for software because: it was likely to be confused with a registered mark "TMS," also used for software; "[t]he marks sound alike and look alike; and "[t]he products are very similar and directly compete."

  9. Krause v. Krause Publications

    257 F. App'x 317 (Fed. Cir. 2007)

    No. 2007-1364. December 7, 2007. On Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board, 91/160,072. John A. Clifford, Merchant Gould P.C., of Minneapolis, Minnesota, argued for appellant. With him on the brief was Gregory C. Golla. Brian G. Gilpin, Godfrey Kahn, S.C., of Milwaukee, Wisconsin, argued for appellee. With him on the brief was Kristi J. Hinner. Before BRYSON, Circuit Judge, CLEVENGER, Senior Circuit Judge, and LINN, Circuit Judge. Judgment PER

  10. Franklin Mint Corp. v. Master Mfg. Co.

    667 F.2d 1005 (C.C.P.A. 1981)   Cited 8 times

    Appeal No. 81-559. December 10, 1981. Ronald L. Panitch and Roberta L. Jacobs, Philadelphia, Pa., for appellant. Jay J. Rice, Clifton, N. D., for appellee. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. MILLER, Judge. This is an appeal from a decision of the Patent and Trademark Office Trademark Trial and Appeal Board ("board") dismissing the opposition of appellant Franklin Mint Corporation ("Franklin")

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

    15 U.S.C. § 1052   Cited 1,600 times   274 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"