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Muddy Waters Marketing LLC

88363722 (T.T.A.B. Feb. 2, 2021)
Muddy Waters Marketing LLC

16 Cited authorities

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

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

    710 F.2d 1565 (Fed. Cir. 1983)   Cited 88 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

  3. In re Detroit Athletic Co.

    903 F.3d 1297 (Fed. Cir. 2018)   Cited 18 times
    Finding "the identity of the marks’ two initial words is particularly significant because consumers typically notice those words first"

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

    281 F.3d 1261 (Fed. Cir. 2002)   Cited 33 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”

  5. In re Guild Mortg. Co.

    No. 2017-2620 (Fed. Cir. Jan. 14, 2019)   Cited 7 times   1 Legal Analyses
    Vacating the Board's decision and remanding for the Board to reconsider one of the DuPont factors and "to reconsider its likelihood of confusion determination in the first instance in light of all the evidence"

  6. In re Shell Oil Co.

    992 F.2d 1204 (Fed. Cir. 1993)   Cited 35 times   2 Legal Analyses
    Finding a correlation based on evidence of “overlap of consumers”

  7. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 12 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

  8. Weiss Associates, Inc. v. HRL Associates, Inc.

    902 F.2d 1546 (Fed. Cir. 1990)   Cited 21 times
    Affirming denial of registration of "TMM" mark for software because: it was likely to be confused with a registered mark "TMS," also used for software; "[t]he marks sound alike and look alike; and "[t]he products are very similar and directly compete."

  9. In re Omega

    494 F.3d 1362 (Fed. Cir. 2007)   Cited 1 times
    Holding that “[i]t is within the discretion of the PTO to require that one's goods be identified with particularity” in a trademark application

  10. Nina Ricci, S.A.R.L. v. E.T.F. Enterprises, Inc.

    889 F.2d 1070 (Fed. Cir. 1989)   Cited 15 times
    Holding that VITTORIO RICCI and NINA RICCI are similar

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,905 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 1,606 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"