International Karate Organization [IKO] Kkyoku-shinkaikan and Shokei Matsui v. Henriot Zephirin

21 Cited authorities

Citizens Financial Group, Inc. v. Citizens National Bank
383 F.3d 110 (3d Cir. 2004) Cited 145 times
Holding that the district court properly excluded a likelihood of confusion survey that used vague and imprecise language and surveyed consumers outside of the relevant customer base
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"
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"
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"
Knox v. Butler
884 F.2d 849 (5th Cir. 1989) Cited 77 times
Holding that judicial notice of census data may properly be taken on habeas review
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal Analyses
Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
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"
Century 21 Real Estate Corp. v. Century Life of America
970 F.2d 874 (Fed. Cir. 1992) Cited 39 times
Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"
Young v. AGB Corp.
152 F.3d 1377 (Fed. Cir. 1998) Cited 20 times
No. 98-1055 DECIDED: August 17, 1998 Appealed from: U.S. Patent and Trademark Office Trademark Trial and Appeal Board. Sharon Dinwiddie, Burke Blue, P.A., of Panama City, Florida, argued for appellant. On the brief was Edward A. Hutchinson, Jr. Pamela Ann Bresnahan, Vorys, Sater, Seymour and Pease, LLP, of Washington, DC, argued for appellee. With her on the brief was Cory M. Amron. Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge. LOURIE, Circuit Judge. John
United States v. Bailey
97 F.3d 982 (7th Cir. 1996) Cited 18 times
In United States v. Bailey, 97 F.3d 982, 986 (7th Cir. 1996), we affirmed the trial court's denial of a § 3E1.1 departure.
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,599 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"
Section 1057 - Certificates of registration
15 U.S.C. § 1057 Cited 1,043 times 5 Legal Analyses
Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark
Section 1063 - Opposition to registration
15 U.S.C. § 1063 Cited 147 times 19 Legal Analyses
Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 23 times 1 Legal Analyses
Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

International Karate Organization [IKO] Kkyoku-shinkaikan and Shokei Matsui v. Henriot Zephirin

21 Cited authorities

Holding that the district court properly excluded a likelihood of confusion survey that used vague and imprecise language and surveyed consumers outside of the relevant customer base

Reciting thirteen factors to be considered, referred to as "DuPont factors"

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"

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"

Holding that judicial notice of census data may properly be taken on habeas review

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

In United States v. Bailey, 97 F.3d 982, 986 (7th Cir. 1996), we affirmed the trial court's denial of a § 3E1.1 departure.

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"

Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"