Janney Montgomery Scott, LLC

21 Cited authorities

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"
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 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"
In re Nat. Data Corp.
753 F.2d 1056 (Fed. Cir. 1985) Cited 70 times 1 Legal Analyses
Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"
Bose Corp. v. QSC Audio Products, Inc.
293 F.3d 1367 (Fed. Cir. 2002) Cited 34 times 2 Legal Analyses
In Bose Corp. v. QSC Audio Prods., Inc., 293 F.3d 1367, 1375 (Fed.Cir.2002), this court held that the marks WAVE and ACOUSTIC WAVE have trademark strength independent of the Bose “house mark,” although the marks appear in the same sales literature.
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
Thoip (a Chorion Ltd. Co.) v. the Walt Disney Co.
788 F. Supp. 2d 168 (S.D.N.Y. 2011) Cited 9 times
Rejecting a Squirt survey in part because the allegedly infringing product "stood out like a bearded man in a lineup with four clean-shaven men" and therefore participants were pushed to reach a particular outcome
Octocom Systems v. Houston Computer Services
918 F.2d 937 (Fed. Cir. 1990) Cited 28 times
No. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark
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
Weiss Associates, Inc. v. HRL Associates, Inc.
902 F.2d 1546 (Fed. Cir. 1990) Cited 21 times
Affirming denial of registration of "TMM" mark for software because: it was likely to be confused with a registered mark "TMS," also used for software; "[t]he marks sound alike and look alike; and "[t]he products are very similar and directly compete."

Janney Montgomery Scott, LLC

21 Cited authorities

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

In Bose Corp. v. QSC Audio Prods., Inc., 293 F.3d 1367, 1375 (Fed.Cir.2002), this court held that the marks WAVE and ACOUSTIC WAVE have trademark strength independent of the Bose “house mark,” although the marks appear in the same sales literature.

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

Rejecting a Squirt survey in part because the allegedly infringing product "stood out like a bearded man in a lineup with four clean-shaven men" and therefore participants were pushed to reach a particular outcome

Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

Affirming denial of registration of "TMM" mark for software because: it was likely to be confused with a registered mark "TMS," also used for software; "[t]he marks sound alike and look alike; and "[t]he products are very similar and directly compete."