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Mecanicos Unidos S.A. v. Victorio, LLC, and TMS Services, Inc.

92058060 (T.T.A.B. Jul. 2, 2019)
Mecanicos Unidos S.A. v. Victorio, LLC, and TMS Services, Inc.

23 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. 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

  5. Juice Generation, Inc. v. GS Enterprises LLC

    794 F.3d 1334 (Fed. Cir. 2015)   Cited 28 times   2 Legal Analyses
    Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

  6. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

  7. Stone Lion Capital Partners, L.P. v. Lion Capital LLP

    746 F.3d 1317 (Fed. Cir. 2014)   Cited 24 times
    Reviewing the weight given to the similarity-of-the-marks factor for legal error

  8. 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"

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

    293 F.3d 1367 (Fed. Cir. 2002)   Cited 34 times   2 Legal Analyses
    In Bose Corp. v. QSC Audio Prods., Inc., 293 F.3d 1367, 1375 (Fed.Cir.2002), this court held that the marks WAVE and ACOUSTIC WAVE have trademark strength independent of the Bose “house mark,” although the marks appear in the same sales literature.

  10. Kenner Parker Toys v. Rose Art Industries

    963 F.2d 350 (Fed. Cir. 1992)   Cited 49 times
    Holding that in light of the appearance, sound and meaning of the marks PLAY-DOH and FUNDOUGH, consumers may receive the "same commercial impression" from the marks

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,208 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,273 times   129 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  13. Section 1069 - Application of equitable principles in inter partes proceedings

    15 U.S.C. § 1069   Cited 47 times   1 Legal Analyses
    Providing in the Lanham Act context that "[i]n all inter partes proceedings equitable principles of laches, estoppel, and acquiescence, where applicable may be considered and applied"