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L’Oreal USA Creative, Inc. v. Interconsumer Products Limited

No. 91185552 (T.T.A.B. Feb. 18, 2011)
L’Oreal USA Creative, Inc. v. Interconsumer Products Limited

16 Cited authorities

  1. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 194 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 73 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"

  3. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 76 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"

  4. Bose Corp. v. QSC Audio Products, Inc.

    293 F.3d 1367 (Fed. Cir. 2002)   Cited 38 times   2 Legal Analyses
    Finding that product marks, ACOUSTIC WAVE and WAVE, were famous in addition to their house mark, BOSE

  5. Hewlett-Packard Co. v. Packard Press, Inc.

    281 F.3d 1261 (Fed. Cir. 2002)   Cited 34 times
    Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”

  6. In re Mighty Leaf Tea

    601 F.3d 1342 (Fed. Cir. 2010)   Cited 22 times   3 Legal Analyses
    Rejecting an argument that the specific style of a registered mark could serve to distinguish the applicant's mark in standard character form

  7. 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"

  8. Century 21 Real Estate Corp. v. Century Life of America

    970 F.2d 874 (Fed. Cir. 1992)   Cited 39 times
    Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

  9. Packard Press, Inc. v. Hewlett-Packard Co.

    227 F.3d 1352 (Fed. Cir. 2000)   Cited 23 times   1 Legal Analyses
    Vacating and remanding because the court could not "discern from the Board's brief discussion" whether the Board applied the wrong test

  10. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 13 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

  11. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,616 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"

  12. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 24 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"

  13. Section 2.120 - Discovery

    37 C.F.R. § 2.120   Cited 23 times   5 Legal Analyses
    Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

  14. Section 2.125 - Filing and service of testimony

    37 C.F.R. § 2.125   Cited 1 times

    (a) One copy of the declaration or affidavit prepared in accordance with § 2.123 , together with copies of documentary exhibits and duplicates or photographs of physical exhibits, shall be served on each adverse party at the time the declaration or affidavit is submitted to the Trademark Trial and Appeal Board during the assigned testimony period. (b) One copy of the transcript of each testimony deposition taken in accordance with § 2.123 or § 2.124 , together with copies of documentary exhibits