Starfish Software, Inc. v. FileTrak Software, Inc.

8 Cited authorities

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"
Electronic Design Sales v. Electronic Sys
954 F.2d 713 (Fed. Cir. 1992) Cited 28 times
Holding that purchaser confusion is the "primary focus" and, in case of goods and services that are sold, "the inquiry generally will turn on whether actual or potential `purchasers' are confused"
Kellogg Co. v. Pack'em Enterprises, Inc.
951 F.2d 330 (Fed. Cir. 1991) Cited 14 times
Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”
Canadian Imperial Bank v. Wells Fargo Bank
811 F.2d 1490 (Fed. Cir. 1987) Cited 13 times
Affirming likelihood of confusion
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
King Candy Co. v. Eunice King's Kitchen
496 F.2d 1400 (C.C.P.A. 1974) Cited 8 times
Patent Appeal No. 9245. June 6, 1974. J. Timothy Hobbs, Washington, D.C. (Mason, Fenwick Lawrence, Washington, D.C.), attorney of record, for appellant. William B. Mason, Arlington, Va. (Mason, Mason Albright, Arlington, Va.), attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973)
Witco Chemical Co. v. Whitfield Chemical
418 F.2d 1403 (C.C.P.A. 1969) Cited 11 times
Patent Appeal No. 8207. December 18, 1969. Sidney Wallenstein, Chicago, Ill., attorney of record, for appellant. Ben Cohen, Washington, D.C., Charles B. Spangenberg, Chicago, Ill., of counsel. William C. McCoy, Jr., Robert D. Hart, McCoy, Greene Howell, Cleveland, Ohio, for appellee. Before RICH, Acting Chief Judge, MATTHEWS, Judge, sitting by designation, and ALMOND, BALDWIN and LANE, Judges. RICH, Acting Chief Judge. This appeal is from the decision of the Patent Office Trademark Trial and Appeal
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,599 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"

Starfish Software, Inc. v. FileTrak Software, Inc.

8 Cited authorities

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

Holding that purchaser confusion is the "primary focus" and, in case of goods and services that are sold, "the inquiry generally will turn on whether actual or potential `purchasers' are confused"

Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”

Affirming 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

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"