Real Estate USA, Inc.

10 Cited authorities

In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 194 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
In re Nat. Data Corp.
753 F.2d 1056 (Fed. Cir. 1985) Cited 74 times 1 Legal Analyses
Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"
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
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 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
In re Bed & Breakfast Registry
791 F.2d 157 (Fed. Cir. 1986) Cited 24 times
Appeal No. 85-2418. May 20, 1986. Mark E. Singer, Winnetka, Ill., for appellant. Nancy C. Slutter, Trademark Examining Atty., Office of the Sol., Arlington, Va., argued, for appellee. With her on brief, were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol. Appeal from the Trademark Trial and Appeal Board. Before SMITH, NEWMAN, and BISSELL, Circuit Judges. PAULINE NEWMAN, Circuit Judge. The U.S. Patent and Trademark Office (PTO) refused registration on the Principal Register of the service
Federated Foods v. Fort Howard Paper Co.
544 F.2d 1098 (C.C.P.A. 1976) Cited 17 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
Colgate-Palmolive Co. v. Carter-Wallace
432 F.2d 1400 (C.C.P.A. 1970) Cited 7 times
Finding "PEAK PERIOD" not confusingly similar to "PEAK" as used in very different products
Lever Brothers Company v. Barcolene Co.
463 F.2d 1107 (C.C.P.A. 1972) Cited 2 times
Finding that ALL CLEAR had a different connotation than ALL
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,616 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"

Real Estate USA, Inc.

10 Cited authorities

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

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

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

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

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

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

Finding "PEAK PERIOD" not confusingly similar to "PEAK" as used in very different products

Finding that ALL CLEAR had a different connotation than ALL

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"