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Mappin & Webb Limited v. M Webb, LLC

No. 91213413 (T.T.A.B. Oct. 23, 2015)
Mappin & Webb Limited v. M Webb, LLC

17 Cited authorities

  1. 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

  2. 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"

  3. 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"

  4. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 26 times   3 Legal Analyses
    Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

  5. In re Chippendales USA, Inc.

    622 F.3d 1346 (Fed. Cir. 2010)   Cited 22 times   5 Legal Analyses
    Holding that whether the trade dress was "a common basic shape or design" was "inapplicable" because "there has been no showing that the [trade dress] is common generally"

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

    970 F.2d 874 (Fed. Cir. 1992)   Cited 38 times
    Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

  7. 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

  8. Nina Ricci, S.A.R.L. v. E.T.F. Enterprises, Inc.

    889 F.2d 1070 (Fed. Cir. 1989)   Cited 15 times
    Holding that VITTORIO RICCI and NINA RICCI are similar

  9. Tuxedo Monopoly, Inc. v. General Mills Fun Group, Inc.

    648 F.2d 1335 (C.C.P.A. 1981)   Cited 9 times
    Finding extensive licensing of mark MONOPOLY for real estate game relevant evidence of relatedness of goods

  10. San Fernando Electric Mfg. Co. v. JFD Electronics Components Corp.

    565 F.2d 683 (C.C.P.A. 1977)   Cited 11 times

    Appeal No. 77-576. November 23, 1977. Rober C. Comstock, Los Angeles, Cal., of record, for appellant. Edward A. Meilman, Ostrolenk, Faber, Gerb Soffen, New York City, of record, for appellee; Sidney G. Faber, New York City, of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. RICH, Judge. This appeal is from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) dismissing an

  11. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,528 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

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

    15 U.S.C. § 1052   Cited 1,585 times   271 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 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"