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McCrane, Inc. d/b/a Harbinger

No. 85675326 (T.T.A.B. May. 12, 2014)
McCrane, Inc. d/b/a Harbinger

12 Cited authorities

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 193 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 27 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"

  3. Citigroup Inc. v. Capital City Bank Group

    637 F.3d 1344 (Fed. Cir. 2011)   Cited 27 times   3 Legal Analyses
    Considering "corporate studies tracking awareness of the CITIBANK mark"

  4. In re Shell Oil Co.

    992 F.2d 1204 (Fed. Cir. 1993)   Cited 35 times   2 Legal Analyses
    Finding a correlation based on evidence of “overlap of consumers”

  5. In re Coors Brewing Co.

    343 F.3d 1340 (Fed. Cir. 2003)   Cited 15 times   3 Legal Analyses
    Holding that beer and restaurant services are not sufficiently related to support a finding of a likelihood of confusion

  6. 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

  7. Jean Patou, Inc. v. Theon, Inc.

    9 F.3d 971 (Fed. Cir. 1993)   Cited 10 times

    No. 93-1204. November 17, 1993. Howard P. Peck, Atty., Abelman, Frayne Schwab, New York City, argued for appellant. With him on the brief was Julianne Abelman. Mark F. Harrington, Atty., Perman Green, Fairfield, CT, for appellee. Appeal from the Patent and Trademark Office. Before RICH, MAYER, and SCHALL, Circuit Judges. RICH, Circuit Judge. This appeal is from a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) which both sustained and dismissed

  8. In re Martin's Famous Pastry Shoppe, Inc.

    748 F.2d 1565 (Fed. Cir. 1984)   Cited 18 times
    Finding likelihood of confusion between "Martin's" for bread and "Martin's" for cheese, since the products "travel in the same channels of trade," are sold by the "same retail outlets," and are "often used in combination"

  9. Federated Foods v. Fort Howard Paper Co.

    544 F.2d 1098 (C.C.P.A. 1976)   Cited 17 times   1 Legal Analyses
    Stating that the mere existence of modern supermarket containing wide variety or products should not foreclose further inquiry into the likelihood of confusion arising from the use of similar marks on any goods so displayed

  10. In re Research and Trading Corp.

    793 F.2d 1276 (Fed. Cir. 1986)   Cited 5 times

    Appeal No. 86-705. June 12, 1986. Peter J. Georges, of Russell, Georges, Brenenman, Hellwege Yee, Arlington, Va., for appellant. Nancy C. Slutter, of the Office of the Solicitor, Arlington, Va., for Com'r of Patents and Trademarks. With her on brief were Joseph F. Nakamura, Solicitor, Fred E. McKelvey, Deputy Solicitor and Julie Seyler, Trademark Examining Atty. Appeal from the Trademark Trial and Appeal Board. Before SMITH, Circuit Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge

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

    15 U.S.C. § 1052   Cited 1,615 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"