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Jonathan Robles dba Variance Magazine v. Crony, LLC

91235766 (T.T.A.B. Jul. 23, 2019)
Jonathan Robles dba Variance Magazine v. Crony, LLC

36 Cited authorities

  1. Homeowners Group v. Home Mktg. Specialists

    931 F.2d 1100 (6th Cir. 1991)   Cited 328 times   1 Legal Analyses
    Holding that expensive items marketed to sophisticated buyers resulted in a lesser likelihood of confusion

  2. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 104 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  3. 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"

  4. 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"

  5. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 76 times
    Applying Recot in analyzing the similarity of services

  6. 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"

  7. Juice Generation, Inc. v. GS Enterprises LLC

    794 F.3d 1334 (Fed. Cir. 2015)   Cited 28 times   2 Legal Analyses
    Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

  8. Giant Food, Inc. v. Nation's Foodservice

    710 F.2d 1565 (Fed. Cir. 1983)   Cited 86 times
    Holding that the shared term GIANT is the dominant portion of the marks, which supports a finding that there would be a likelihood of confusion between them

  9. 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)

  10. 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.”

  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"

  13. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,027 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  14. Section 2.52 - Types of drawings and format for drawings

    37 C.F.R. § 2.52   Cited 29 times
    Providing rules for applicants “who seek to register words, letters, numbers, or any combination thereof without claim to any particular font style, size, or color”

  15. 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"

  16. Section 2.123 - Trial testimony in inter partes cases

    37 C.F.R. § 2.123   Cited 10 times

    (a) (1) The testimony of witnesses in inter partes cases may be submitted in the form of an affidavit or a declaration pursuant to § 2.20 and in conformance with the Federal Rules of Evidence, filed during the proffering party's testimony period, subject to the right of any adverse party to elect to take and bear the expense of oral cross-examination of that witness as provided under paragraph (c) of this section if such witness is within the jurisdiction of the United States, or conduct cross-examination