Spirits International N.V.

20 Cited authorities

Pizzeria Uno Corp. v. Temple
747 F.2d 1522 (4th Cir. 1984) Cited 302 times 5 Legal Analyses
Holding that, because PIZZERIA UNO and TACO UNO share a dominant word, their similarity weighs in favor of a likelihood of confusion
Citizens Financial Group, Inc. v. Citizens National Bank
383 F.3d 110 (3d Cir. 2004) Cited 147 times
Holding that the district court properly excluded a likelihood of confusion survey that used vague and imprecise language and surveyed consumers outside of the relevant customer base
Mushroom Makers, Inc. v. R. G. Barry Corp.
580 F.2d 44 (2d Cir. 1978) Cited 285 times
Describing likelihood of confusion as the "crucial issue" in a trademark infringement action
Otokoyama Co. Ltd. v. Wine of Japan Import
175 F.3d 266 (2d Cir. 1999) Cited 112 times 1 Legal Analyses
Concluding that if the Japanese word "otokoyama" described a generic type of sake, it could not be trademarked in order to prevent other sake vendors from using the term to describe sake of that type
Enrique Bernat F., S.A. v. Guadalajara Inc.
210 F.3d 439 (5th Cir. 2000) Cited 88 times
Holding that “chupa” is generic for lollipops in Spanish, relying on record evidence of multiple firms using “chupa” in product names for lollipops
Palm Bay Imp. v. Veuve Clicquot Ponsardin
396 F.3d 1369 (Fed. Cir. 2005) Cited 73 times 4 Legal Analyses
Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"
Knox v. Butler
884 F.2d 849 (5th Cir. 1989) Cited 77 times
Holding that judicial notice of census data may properly be taken on habeas review
In re Owens-Corning Fiberglas Corp.
774 F.2d 1116 (Fed. Cir. 1985) Cited 61 times 4 Legal Analyses
Holding that the color "pink" as a trademark for manufacturer's fibrous glass residential insulation was valid when the pink color gave "the public a reliable indication of source and thus facilitate[d] responsible marketplace competition."
Nitro Leisure Products, L.L.C. v. Acushnet
341 F.3d 1356 (Fed. Cir. 2003) Cited 15 times
Applying Eleventh Circuit law to a trademark infringement and dilution case
Frank Brunckhorst v. G. Heileman Brewing
875 F. Supp. 966 (E.D.N.Y. 1994) Cited 21 times
Finding likelihood of confusion with “Boar's Head” mark of meat producer where “Boar's Head Beer” was paired with the latter's “Weinhard” trade name
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"

Spirits International N.V.

20 Cited authorities

Holding that, because PIZZERIA UNO and TACO UNO share a dominant word, their similarity weighs in favor of a likelihood of confusion

Holding that the district court properly excluded a likelihood of confusion survey that used vague and imprecise language and surveyed consumers outside of the relevant customer base

Describing likelihood of confusion as the "crucial issue" in a trademark infringement action

Concluding that if the Japanese word "otokoyama" described a generic type of sake, it could not be trademarked in order to prevent other sake vendors from using the term to describe sake of that type

Holding that “chupa” is generic for lollipops in Spanish, relying on record evidence of multiple firms using “chupa” in product names for lollipops

Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

Holding that judicial notice of census data may properly be taken on habeas review

Holding that the color "pink" as a trademark for manufacturer's fibrous glass residential insulation was valid when the pink color gave "the public a reliable indication of source and thus facilitate[d] responsible marketplace competition."

Applying Eleventh Circuit law to a trademark infringement and dilution case

Finding likelihood of confusion with “Boar's Head” mark of meat producer where “Boar's Head Beer” was paired with the latter's “Weinhard” trade name

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"