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Octop v. Aleksandar Vujovic

No. 92058642 (T.T.A.B. Sep. 29, 2015)
Octop v. Aleksandar Vujovic

16 Cited authorities

  1. In re Bose Corp.

    580 F.3d 1240 (Fed. Cir. 2009)   Cited 161 times   13 Legal Analyses
    Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

  2. Coach House Rest. v. Coach and Six Rest

    934 F.2d 1551 (11th Cir. 1991)   Cited 143 times
    Holding that a likelihood of confusion furnishes one ground for cancelling a registration

  3. Seller Agency v. Kennedy Ctr. for Real Estate

    621 F.3d 981 (9th Cir. 2010)   Cited 73 times
    Listing the same elements

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 188 times   30 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  5. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 72 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"

  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 11 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

  8. Federated Foods v. Fort Howard Paper Co.

    544 F.2d 1098 (C.C.P.A. 1976)   Cited 16 times   1 Legal Analyses
    Stating that the mere existence of modern supermarket containing wide variety or products should not foreclose further inquiry into the likelihood of confusion arising from the use of similar marks on any goods so displayed

  9. King Candy Co. v. Eunice King's Kitchen

    496 F.2d 1400 (C.C.P.A. 1974)   Cited 8 times

    Patent Appeal No. 9245. June 6, 1974. J. Timothy Hobbs, Washington, D.C. (Mason, Fenwick Lawrence, Washington, D.C.), attorney of record, for appellant. William B. Mason, Arlington, Va. (Mason, Mason Albright, Arlington, Va.), attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973)

  10. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,143 times   12 Legal Analyses
    Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

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

    15 U.S.C. § 1052   Cited 1,585 times   271 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 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 23 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"

  13. Section 2.120 - Discovery

    37 C.F.R. § 2.120   Cited 22 times   5 Legal Analyses
    Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

  14. Section 2.106 - Answer

    37 C.F.R. § 2.106   Cited 12 times
    Defining compulsory counterclaim as "defense attacking the validity of any one or more of the registrations pleaded in the opposition"

  15. Section 2.121 - Assignment of times for taking testimony and presenting evidence

    37 C.F.R. § 2.121   Cited 6 times

    (a) The Trademark Trial and Appeal Board will issue a trial order setting a deadline for each party's required pretrial disclosures and assigning to each party its time for taking testimony and presenting evidence ("testimony period"). No testimony shall be taken or evidence presented except during the times assigned, unless by stipulation of the parties approved by the Board, or upon motion granted by the Board, or by order of the Board. The deadlines for pretrial disclosures and the testimony periods

  16. Section 2.83 - Conflicting marks

    37 C.F.R. § 2.83

    (a) Whenever an application is made for registration of a mark which so resembles another mark or marks pending registration as to be likely to cause confusion or mistake or to deceive, the mark with the earliest effective filing date will be published in the Official Gazette for opposition if eligible for the Principal Register, or issued a certificate of registration if eligible for the Supplemental Register. (b) In situations in which conflicting applications have the same effective filing date