Phoenix Intangibles Holding Co.

11 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"
J J Snack Foods Corp. v. McDonalds' Corp.
932 F.2d 1460 (Fed. Cir. 1991) Cited 45 times 1 Legal Analyses
Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"
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"
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"
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”
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
CBS Inc. v. Morrow
708 F.2d 1579 (Fed. Cir. 1983) Cited 20 times
In CBS, the court gave greater weight to the verbal portion of the subject mark because the evidence showed that “approximately 15% [of the product's] total sales are by mail order, and [the product's] 17–page catalog (of record) displays” the mark a number of times without its design elements.
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
AMF Inc. v. American Leisure Products, Inc.
474 F.2d 1403 (C.C.P.A. 1973) Cited 13 times
Holding that "little weight is to be given [to third-party] registrations in evaluating whether there is likelihood of confusion" because "[t]he existence of these registrations is not evidence of what happens in the market place or that customers are familiar with them"
Conde Nast Publications v. Miss Quality
507 F.2d 1404 (C.C.P.A. 1975) Cited 9 times
In Conde Nast, this court's predecessor affirmed the Board's decision that there was not a likelihood of confusion between COUNTRY VOGUES for women's dresses and VOGUE for a magazine.

Phoenix Intangibles Holding Co.

11 Cited authorities

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

Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"

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"

Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

Finding a correlation based on evidence of “overlap of consumers”

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

Holding that "little weight is to be given [to third-party] registrations in evaluating whether there is likelihood of confusion" because "[t]he existence of these registrations is not evidence of what happens in the market place or that customers are familiar with them"

In Conde Nast, this court's predecessor affirmed the Board's decision that there was not a likelihood of confusion between COUNTRY VOGUES for women's dresses and VOGUE for a magazine.