Life Zone Inc. v. Middleman Group, Inc.

8 Cited authorities

In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 190 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 75 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 Bayer
488 F.3d 960 (Fed. Cir. 2007) Cited 40 times 2 Legal Analyses
Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 58 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
King Candy Co. v. Eunice King's Kitchen
496 F.2d 1400 (C.C.P.A. 1974) Cited 8 times
Patent Appeal No. 9245. June 6, 1974. J. Timothy Hobbs, Washington, D.C. (Mason, Fenwick Lawrence, Washington, D.C.), attorney of record, for appellant. William B. Mason, Arlington, Va. (Mason, Mason Albright, Arlington, Va.), attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973)
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,732 times 77 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,377 times 13 Legal Analyses
Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,608 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"

Life Zone Inc. v. Middleman Group, Inc.

8 Cited authorities

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

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"

Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Holding that such a statement must merely be made by the party and offered against that party

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

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"