§

McNeil-PPC, Inc. v. Walgreen Co.

No. 91184978 (T.T.A.B. Jan. 22, 2013)
McNeil-PPC, Inc. v. Walgreen Co.

33 Cited authorities

  1. Starbucks v. Wolfe's Borough

    588 F.3d 97 (2d Cir. 2009)   Cited 276 times   2 Legal Analyses
    Holding that § 1125 claim requires same showing under Polaroid factors

  2. Union Carbide Corp. v. Ever-Ready Inc.

    531 F.2d 366 (7th Cir. 1976)   Cited 307 times
    Holding that the defendants' suddenly changing the name of one of its own products to include the plaintiff's mark created confusion and defeated a laches defense even after the defendants had been distributing the plaintiff's products that were labeled with that mark for nineteen years

  3. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."

  4. Grotrian, Helfferich v. Steinway Sons

    523 F.2d 1331 (2d Cir. 1975)   Cited 196 times
    Holding that “Steinway The Instrument of Immortals” was a properly “registered slogan” notwithstanding the fact that Steinway itself was also a protected mark

  5. Conopco, Inc. v. May Dept. Stores Co.

    46 F.3d 1556 (Fed. Cir. 1994)   Cited 106 times   1 Legal Analyses
    Holding that the doctrine of equivalents "cannot be used to erase 'meaningful structural and functional limitations of the claim on which the public is entitled to rely in avoiding infringement.'"

  6. 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"

  7. 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"

  8. Henri's Food Products Co., Inc. v. Kraft, Inc.

    717 F.2d 352 (7th Cir. 1983)   Cited 104 times
    Holding that "Yogowhip" and "Miracle Whip" are dissimilar because they look and sound different and because of the differences in the product labels

  9. Recot, Inc. v. Becton

    214 F.3d 1322 (Fed. Cir. 2000)   Cited 56 times
    Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration

  10. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 39 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

  11. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,375 times   321 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  12. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,954 times   96 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  13. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,940 times   70 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

  14. 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"