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NSI Enterprises, Inc. v. Barnett, Inc.

No. 91116679 (T.T.A.B. Aug. 14, 2003)
NSI Enterprises, Inc. v. Barnett, Inc.

5 Cited authorities

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   32 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. 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"

  3. 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."

  4. Application of Clorox Co.

    578 F.2d 305 (C.C.P.A. 1978)   Cited 7 times   1 Legal Analyses

    Appeal No. 77-628. June 30, 1978. Stephen M. Westbrook, San Francisco, Cal. (Phillips, Moore, Weissenberger, Lempio Majestic, San Francisco, Cal.), attorneys of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. Appeal from a Trademark Trial and Appeal Board (board)

  5. Section 1055 - Use by related companies affecting validity and registration

    15 U.S.C. § 1055   Cited 151 times   3 Legal Analyses
    Noting that the benefit of licensee's "first use" of a mark inures to a licensor only if the licensor "control . . . the nature and quality of the goods"