Perfect Foods, Inc. v. John D. Gullahorn

18 Cited authorities

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"
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
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"
Bose Corp. v. QSC Audio Products, Inc.
293 F.3d 1367 (Fed. Cir. 2002) Cited 36 times 2 Legal Analyses
Finding that product marks, ACOUSTIC WAVE and WAVE, were famous in addition to their house mark, BOSE
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
Shen Manufacturing Co. v. Ritz Hotel Ltd.
393 F.3d 1238 (Fed. Cir. 2004) Cited 20 times 2 Legal Analyses
Holding that textually identical "RITZ" marks used in cooking classes and kitchen textiles were dissimilar
Octocom Systems v. Houston Computer Services
918 F.2d 937 (Fed. Cir. 1990) Cited 28 times
No. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark
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
West Florida Seafood, Inc. v. Jet Restaurants
31 F.3d 1122 (Fed. Cir. 1994) Cited 21 times
Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes
Kellogg Co. v. Pack'em Enterprises, Inc.
951 F.2d 330 (Fed. Cir. 1991) Cited 14 times
Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”
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
Rule 32 - Using Depositions in Court Proceedings
Fed. R. Civ. P. 32 Cited 2,401 times 22 Legal Analyses
Setting forth requirements for using deposition testimony at trial
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"
Rule 615 - Excluding Witnesses from the Courtroom; Preventing an Excluded Witness's Access to Trial Testimony
Fed. R. Evid. 615 Cited 1,416 times 7 Legal Analyses
Finding that a motion to exclude a witness from the courtroom is generally grantable as of right and on the court's own motion

Perfect Foods, Inc. v. John D. Gullahorn

18 Cited authorities

Reciting thirteen factors to be considered, referred to as "DuPont factors"

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

Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

Finding that product marks, ACOUSTIC WAVE and WAVE, were famous in addition to their house mark, BOSE

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

Holding that textually identical "RITZ" marks used in cooking classes and kitchen textiles were dissimilar

Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes

Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”

Requiring a filing of a Statement of Use to register a mark

Setting forth requirements for using deposition testimony at trial

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"

Finding that a motion to exclude a witness from the courtroom is generally grantable as of right and on the court's own motion