James Hardie Research Pty., Ltd.

7 Cited authorities

In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 191 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
In re Shell Oil Co.
992 F.2d 1204 (Fed. Cir. 1993) Cited 35 times 2 Legal Analyses
Finding a correlation based on evidence of “overlap of consumers”
In re Martin's Famous Pastry Shoppe, Inc.
748 F.2d 1565 (Fed. Cir. 1984) Cited 18 times
Finding likelihood of confusion between "Martin's" for bread and "Martin's" for cheese, since the products "travel in the same channels of trade," are sold by the "same retail outlets," and are "often used in combination"
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"
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
Shunk Manufacturing Co. v. Tarrant Mfg. Co.
318 F.2d 328 (C.C.P.A. 1963) Cited 2 times
Patent Appeal No. 6896. June 10, 1963. Frank M. Slough and J.H. Slough, Cleveland, Ohio, for appellant. Luther W. Hawley, New York City, for appellee. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. ALMOND, Judge, Appellant, Shunk Manufacturing Company, filed a trademark application to register a figure, designated as a Scotsman, as a trademark for heavy duty equipment, such as graders and other ground working machines, blades therefor, sand spreaders, etc. The trademark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,612 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"

James Hardie Research Pty., Ltd.

7 Cited authorities

In re E. I. DuPont DeNemours & Co.

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

In re Shell Oil Co.

Finding a correlation based on evidence of “overlap of consumers”

In re Martin's Famous Pastry Shoppe, Inc.

Finding likelihood of confusion between "Martin's" for bread and "Martin's" for cheese, since the products "travel in the same channels of trade," are sold by the "same retail outlets," and are "often used in combination"

In re Hyper Shoppes (Ohio), Inc.

Finding similarity between furniture and "general merchandise store services," and rejecting the distinction between goods and services as having "little or no legal significance"

Federated Foods v. Fort Howard Paper Co.

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

Shunk Manufacturing Co. v. Tarrant Mfg. Co.

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"