11 Cited authorities
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 193 times 33 Legal AnalysesReciting thirteen factors to be considered, referred to as "DuPont factors"
In re Shell Oil Co.
992 F.2d 1204 (Fed. Cir. 1993) Cited 35 times 2 Legal AnalysesFinding a correlation based on evidence of “overlap of consumers”
Octocom Systems v. Houston Computer Services
918 F.2d 937 (Fed. Cir. 1990) Cited 28 timesNo. 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 timesIn 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.
Canadian Imperial Bank v. Wells Fargo Bank
811 F.2d 1490 (Fed. Cir. 1987) Cited 13 times 1 Legal AnalysesAffirming likelihood of confusion
In re Hyper Shoppes (Ohio), Inc.
837 F.2d 463 (Fed. Cir. 1988) Cited 11 times 1 Legal AnalysesFinding similarity between furniture and "general merchandise store services," and rejecting the distinction between goods and services as having "little or no legal significance"
SquirtCo v. Tomy Corp.
697 F.2d 1038 (Fed. Cir. 1983) Cited 12 timesRejecting argument that SQUIRT SQUAD in standard letters is distinct from SQUIRT registered in “distinctive lettering on a dark medallion”; “[b]y presenting its mark merely in a typed drawing, a difference cannot legally be asserted by that party”
Federated Foods v. Fort Howard Paper Co.
544 F.2d 1098 (C.C.P.A. 1976) Cited 17 times 1 Legal AnalysesStating 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
Paula Payne Prod. Co. v. Johnson Publishing
473 F.2d 901 (C.C.P.A. 1973) Cited 16 timesPatent Appeal No. 8876. March 1, 1973. Edward G. Fenwick, Jr., Washington, D.C., Mason, Fenwick Lawrence, Washington, D.C., attorneys of record, for appellant. Leonard S. Knox, Chicago, Ill., attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. LANE, Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, abstracted at 166 USPQ 512 (1970), dismissing an opposition lodged
Application of Pneumatiques, Caoutchouc Man
487 F.2d 918 (C.C.P.A. 1973) Cited 4 timesPatent Appeal No. 9067. November 15, 1973. Paul M. Craig, Jr., attorney of record, for appellant. S. Wm. Cochran, for the Commissioner of Patents, R. V. Lupo, of counsel. Appeal from the Patent Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (abstracted at 170 USPQ 543) affirming the examiner's refusal to register appellant's mark for
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,615 times 274 Legal AnalysesGranting 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"