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Minka Lighting, Inc. v. Hachette Filipacchi Media U.S., Inc.

No. 91167800 (T.T.A.B. Feb. 12, 2009)
Minka Lighting, Inc. v. Hachette Filipacchi Media U.S., Inc.

22 Cited authorities

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 191 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 73 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"

  3. National Cable Television v. Am. Cinema

    937 F.2d 1572 (Fed. Cir. 1991)   Cited 83 times
    Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”

  4. Giant Food, Inc. v. Nation's Foodservice

    710 F.2d 1565 (Fed. Cir. 1983)   Cited 89 times
    Holding that the shared term GIANT is the dominant portion of the marks, which supports a finding that there would be a likelihood of confusion between them

  5. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 73 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  6. Kenner Parker Toys v. Rose Art Industries

    963 F.2d 350 (Fed. Cir. 1992)   Cited 51 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

  7. Hewlett-Packard Co. v. Packard Press, Inc.

    281 F.3d 1261 (Fed. Cir. 2002)   Cited 34 times
    Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”

  8. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

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

    970 F.2d 874 (Fed. Cir. 1992)   Cited 39 times
    Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

  10. Specialty Brands v. Coffee Bean Distributors

    748 F.2d 669 (Fed. Cir. 1984)   Cited 48 times
    Holding that "[w]hen an opposer's trademark is a strong, famous mark, it can never be of little consequence" in a likelihood-of-confusion analysis

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

    15 U.S.C. § 1052   Cited 1,611 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"

  12. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 148 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"

  13. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 24 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"