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NER Data Products, Inc.

No. 78791038 (T.T.A.B. Mar. 31, 2008)
NER Data Products, Inc.

15 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. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 77 times
    Applying Recot in analyzing the similarity of services

  4. In re Dixie Restaurants, Inc.

    105 F.3d 1405 (Fed. Cir. 1997)   Cited 34 times
    Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

  5. In re Nett Designs, Inc.

    236 F.3d 1339 (Fed. Cir. 2001)   Cited 28 times
    Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"

  6. 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"

  7. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 13 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. University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

    703 F.2d 1372 (Fed. Cir. 1983)   Cited 20 times   2 Legal Analyses
    In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

  10. Canadian Imperial Bank v. Wells Fargo Bank

    811 F.2d 1490 (Fed. Cir. 1987)   Cited 13 times   1 Legal Analyses
    Affirming likelihood of confusion

  11. Section 2.142 - Time and manner of ex parte appeals

    37 C.F.R. § 2.142   Cited 3 times   1 Legal Analyses

    (a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty