§

Integrated Management Information, Inc. v. Frank Barrie

No. 91195943 (T.T.A.B. Jan. 22, 2013)
Integrated Management Information, Inc. v. Frank Barrie

16 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. 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"

  3. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 45 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  4. 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"

  5. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  6. 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

  7. Otto Roth Co. v. Universal Foods Corp.

    640 F.2d 1317 (C.C.P.A. 1981)   Cited 20 times
    Recognizing importance of "free use of the language" in commercial speech context

  8. Towers v. Advent Software, Inc.

    913 F.2d 942 (Fed. Cir. 1990)   Cited 6 times   1 Legal Analyses

    No. 90-1097. September 6, 1990. Helen Hill Minsker, of Beveridge, DeGrandi Weilacher, Washington, D.C., argued for appellant. With her on the brief was John T. Roberts. James L. Warren, of Pillsbury, Madison Sutro, San Francisco, Cal., argued for appellee. With him on the brief were Kevin M. Fong and Marina H. Park. Appeal from the Trademark Trial and Appeal Board of Patent and Trademark Office. Before MARKEY, Circuit Judge, BENNETT, Senior Circuit Judge, and CONTI, Senior District Judge. Circuit

  9. Roux Laboratories, Inc. v. Clairol Inc.

    427 F.2d 823 (C.C.P.A. 1970)   Cited 24 times   1 Legal Analyses
    Holding that the phrase "Hair Color So Natural Only Her Hairdresser Knows for Sure" is protectable as a trademark

  10. 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

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,806 times   124 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 1,585 times   272 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"