Swat.Fame, Inc.

18 Cited authorities

McGregor-Doniger Inc. v. Drizzle Inc.
599 F.2d 1126 (2d Cir. 1979) Cited 447 times
Holding that trial court did not abuse its discretion in deciding that purchasers of women's sportswear were "sophisticated and knowledgeable."
General Mills, Inc. v. Kellogg Co.
824 F.2d 622 (8th Cir. 1987) Cited 208 times 1 Legal Analyses
Holding the district court did not err in finding no confusing similarity between "Oatmeal Raisin Crisp" and "Apple Raisin Crisp" because the marks were different enough to avoid customer confusion
Selox v. Fausek
506 U.S. 1034 (1992) Cited 32 times
No. 92-708. December 14, 1992. C.A. 6th Cir. Certiorari denied. Reported below: 965 F. 2d 126.
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 190 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
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"
American Foundries v. Robertson
269 U.S. 372 (1926) Cited 223 times
Addressing trademarks
In re Nat. Data Corp.
753 F.2d 1056 (Fed. Cir. 1985) Cited 73 times 1 Legal Analyses
Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"
Western Pub. Co., Inc. v. Rose Art Industries
910 F.2d 57 (2d Cir. 1990) Cited 53 times
Finding no similarity between family of "Golden" marks and "Magnetic GoldenSlate" mark based on their visual appearance and use on products
Hewlett-Packard Co. v. Packard Press, Inc.
281 F.3d 1261 (Fed. Cir. 2002) Cited 33 times
Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”
In re Dixie Restaurants, Inc.
105 F.3d 1405 (Fed. Cir. 1997) Cited 33 times
Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,605 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"

Swat.Fame, Inc.

18 Cited authorities

Holding that trial court did not abuse its discretion in deciding that purchasers of women's sportswear were "sophisticated and knowledgeable."

Holding the district court did not err in finding no confusing similarity between "Oatmeal Raisin Crisp" and "Apple Raisin Crisp" because the marks were different enough to avoid customer confusion

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

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"

Addressing trademarks

Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

Finding no similarity between family of "Golden" marks and "Magnetic GoldenSlate" mark based on their visual appearance and use on products

Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”

Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

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"