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Recot, Inc. v. M. C. Becton

No. 91096518 (T.T.A.B. Dec. 4, 1998)
Recot, Inc. v. M. C. Becton

12 Cited authorities

  1. 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"

  2. Giant Food, Inc. v. Nation's Foodservice

    710 F.2d 1565 (Fed. Cir. 1983)   Cited 86 times
    Holding that the shared term GIANT is the dominant portion of the marks, which supports a finding that there would be a likelihood of confusion between them

  3. Kenner Parker Toys v. Rose Art Industries

    963 F.2d 350 (Fed. Cir. 1992)   Cited 49 times
    Holding that in light of the appearance, sound and meaning of the marks PLAY-DOH and FUNDOUGH, consumers may receive the "same commercial impression" from the marks

  4. Century 21 Real Estate Corp. v. Century Life of America

    970 F.2d 874 (Fed. Cir. 1992)   Cited 38 times
    Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

  5. Specialty Brands v. Coffee Bean Distributors

    748 F.2d 669 (Fed. Cir. 1984)   Cited 48 times
    Holding that "[w]hen an opposer's trademark is a strong, famous mark, it can never be of little consequence" in a likelihood-of-confusion analysis

  6. Nina Ricci, S.A.R.L. v. E.T.F. Enterprises, Inc.

    889 F.2d 1070 (Fed. Cir. 1989)   Cited 15 times
    Holding that VITTORIO RICCI and NINA RICCI are similar

  7. University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

    703 F.2d 1372 (Fed. Cir. 1983)   Cited 19 times   2 Legal Analyses
    In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

  8. Kimberly-Clark, v. H. Douglas Enterprises

    774 F.2d 1144 (Fed. Cir. 1985)   Cited 15 times
    Stating that trade dress associated with the mark of the opposed registration was irrelevant in distinguishing the mark because "such dress might well be changed at any time; only the word mark itself is to be registered"

  9. 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

  10. Application of Ferrero

    479 F.2d 1395 (C.C.P.A. 1973)   Cited 10 times

    Patent Appeal No. 8963. June 21, 1973. Rehearing Denied August 16, 1973. G. Franklin Rothwell, Washington, D.C. (Sughrue, Rothwell, Mion, Zinn Macpeak, Washington, D.C.), for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. R.V. Lupo, Washington, D.C., of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, and LANE, Judges, and ALMOND, Senior Judge. RICH, Judge. This appeal is from the decision of the Trademark Trial

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

    15 U.S.C. § 1052   Cited 1,583 times   269 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"