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Healthier Choice Flooring, Inc.

No. 78682683 (T.T.A.B. Feb. 12, 2008)
Healthier Choice Flooring, Inc.

12 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. Recot, Inc. v. Becton

    214 F.3d 1322 (Fed. Cir. 2000)   Cited 57 times
    Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration

  4. 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

  5. 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

  6. Canadian Imperial Bank v. Wells Fargo Bank

    811 F.2d 1490 (Fed. Cir. 1987)   Cited 13 times
    Affirming likelihood of confusion

  7. In re Hyper Shoppes (Ohio), Inc.

    837 F.2d 463 (Fed. Cir. 1988)   Cited 11 times   1 Legal Analyses
    Finding similarity between furniture and "general merchandise store services," and rejecting the distinction between goods and services as having "little or no legal significance"

  8. Wilson v. Delaunay

    245 F.2d 877 (C.C.P.A. 1957)   Cited 11 times
    In Wilson, the board similarly noted that, as between a company seeking to register "Newports" for women's shoes and a company selling outer shirts under the "Newport" brand, the singular form of Newport was materially indistinguishable under those circumstances.

  9. Kalart Company, Inc. v. Camera-Mart, Inc.

    258 F.2d 956 (C.C.P.A. 1958)   Cited 2 times

    Patent Appeal No. 6370. June 18, 1958. Rehearing Denied October 1, 1958. Frederick E. Hane, New York City (Hane Nydick and Abraham J. Nydick, New York City, of counsel), for appellant. Bernard J. Levy, New York City (Brower, Brill Gangel, New York City, of counsel), for appellee. Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, and RICH, Judges. JOHNSON, Chief Judge. A petition has been filed to cancel the registration of "Camart" for cameras, camera dollies and parts thereof, tripods and boom

  10. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 3,227 times   76 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

  11. Section 1058 - Duration, affidavits and fees

    15 U.S.C. § 1058   Cited 242 times   25 Legal Analyses
    Providing a ten-year duration for registered marks

  12. 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"