James E. Winner, Jr.
3 Cited authorities
Olde Tyme Foods, Inc. v. Roundy's, Inc.
961 F.2d 200 (Fed. Cir. 1992) Cited 12 timesStating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"
AMF Inc. v. American Leisure Products, Inc.
474 F.2d 1403 (C.C.P.A. 1973) Cited 13 timesHolding that "little weight is to be given [to third-party] registrations in evaluating whether there is likelihood of confusion" because "[t]he existence of these registrations is not evidence of what happens in the market place or that customers are familiar with them"
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,584 times 270 Legal AnalysesGranting 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"