Coach Services, Inc. v. Triumph Learning LLC

Holding that it is the opposer's burden to prove fame of its mark

In re E. I. DuPont DeNemours & Co.

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Cunningham v. Laser Golf Corp.

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"

Herbko Intern., Inc. v. Kappa Books, Inc.

Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

In re Cordua Rests., Inc.

Holding that certain words referring to key aspects of a genus of services were generic for those services

Ritchie v. Simpson

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

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

Reviewing the weight given to the similarity-of-the-marks factor for legal error

In re Viterra Inc.

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"

Citigroup Inc. v. Capital City Bank Group

Considering "corporate studies tracking awareness of the CITIBANK mark"

In re I.Am.Symbolic, LLC

Finding that the similarity of the marks weighed heavily in favor of a likelihood of confusion

Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

Section 1051 - Application for registration; verification

Requiring a filing of a Statement of Use to register a mark

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"

Section 1057 - Certificates of registration

Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

Section 2.122 - Matters in evidence

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"

Section 2.120 - Discovery

Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

Section 2.121 - Assignment of times for taking testimony and presenting evidence

Section 2.128 - Briefs at final hearing

Setting forth rules for submission of briefs to the TTAB