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Standard Tools and Equipment Co. v. Dropship LLC DBA Tool USA

No. 91222920 (T.T.A.B. May. 7, 2018)
Standard Tools and Equipment Co. v. Dropship LLC DBA Tool USA

28 Cited authorities

  1. Exxon Corp. v. Texas Motor Exchange of Houston

    628 F.2d 500 (5th Cir. 1980)   Cited 266 times
    Holding that two companies involved in car care had "a strong similarity between their wares and services" even though one sold car parts and the other did not

  2. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 108 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  3. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   32 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  4. Tools USA & Equipment Co. v. Champ Frame Straightening Equipment, Inc.

    87 F.3d 654 (4th Cir. 1996)   Cited 96 times
    Finding that certain information “might be useful,” but the “exact wording” used to convey that information is not necessary

  5. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 72 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"

  6. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 74 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

  7. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

  8. Stone Lion Capital Partners, L.P. v. Lion Capital LLP

    746 F.3d 1317 (Fed. Cir. 2014)   Cited 25 times
    Reviewing the weight given to the similarity-of-the-marks factor for legal error

  9. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 26 times   3 Legal Analyses
    Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

  10. In re Mighty Leaf Tea

    601 F.3d 1342 (Fed. Cir. 2010)   Cited 22 times   3 Legal Analyses
    Rejecting an argument that the specific style of a registered mark could serve to distinguish the applicant's mark in standard character form

  11. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,715 times   326 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,987 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  13. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 4,000 times   12 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  14. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,886 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,600 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"

  16. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 23 times   1 Legal Analyses
    Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"