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Monster Energy Company v. Cavaliers Hockey Holdings, LLC

91240680 (T.T.A.B. Oct. 6, 2020)
Monster Energy Company v. Cavaliers Hockey Holdings, LLC

58 Cited authorities

  1. B&B Hardware, Inc. v. Hargis Indus., Inc.

    575 U.S. 138 (2015)   Cited 256 times   7 Legal Analyses
    Holding proceeding before the PTO's Trademark Trial and Appeal Board can have preclusive effect

  2. Harris v. Rivera

    454 U.S. 339 (1981)   Cited 476 times
    Holding that "[i]nconsistency in a verdict is not a sufficient reason for setting it aside" in a federal habeas corpus proceeding

  3. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 109 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  4. Coach House Rest. v. Coach and Six Rest

    934 F.2d 1551 (11th Cir. 1991)   Cited 146 times
    Holding that a likelihood of confusion furnishes one ground for cancelling a registration

  5. 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"

  6. 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"

  7. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 76 times   3 Legal Analyses
    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"

  8. 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”

  9. Recot, Inc. v. Becton

    214 F.3d 1322 (Fed. Cir. 2000)   Cited 57 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 Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 30 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,914 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,610 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"

  13. 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"