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H&M Hennes & Mauritz AB v. Undivided Design, LLC

No. 91194864 (T.T.A.B. Mar. 15, 2013)
H&M Hennes & Mauritz AB v. Undivided Design, LLC

12 Cited authorities

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 188 times   30 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 72 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 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. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 57 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  6. Century 21 Real Estate Corp. v. Century Life of America

    970 F.2d 874 (Fed. Cir. 1992)   Cited 38 times
    Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

  7. Specialty Brands v. Coffee Bean Distributors

    748 F.2d 669 (Fed. Cir. 1984)   Cited 48 times
    Holding that "[w]hen an opposer's trademark is a strong, famous mark, it can never be of little consequence" in a likelihood-of-confusion analysis

  8. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 11 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

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

    837 F.2d 463 (Fed. Cir. 1988)   Cited 10 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"

  10. Wella Corp. v. California Concept Corp.

    558 F.2d 1019 (C.C.P.A. 1977)   Cited 9 times

    Patent Appeal No. 77-503. July 14, 1977. Frank P. Presta, Jacobi, Lilling Siegel, Arlington, Va., for the Wella Corp. Gary E. Lande, Poms, Smith, Lande Glenny, Los Angeles, Cal., for California Concept Corp. Appeal from the Trademark Trial and Appeal Board. MILLER Judge. This appeal is from the decision of the Trademark Trial and Appeal Board ("board"), 192 USPQ 158 (1976), dismissing appellant's opposition No. 55,727, filed June 6, 1974, against application No. 454,056, filed April 20, 1973, for