Target Brands, Inc. v. Jackdaddy Inc.

26 Cited authorities

Abercrombie Fitch Co. v. Hunting World, Inc.
537 F.2d 4 (2d Cir. 1976) Cited 818 times 6 Legal Analyses
Holding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 191 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 76 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"
Stone Lion Capital Partners, L.P. v. Lion Capital LLP
746 F.3d 1317 (Fed. Cir. 2014) Cited 26 times
Reviewing the weight given to the similarity-of-the-marks factor for legal error
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"
In re I.Am.Symbolic, LLC
866 F.3d 1315 (Fed. Cir. 2017) Cited 18 times
Finding that the similarity of the marks weighed heavily in favor of a likelihood of confusion
In re Chippendales USA, Inc.
622 F.3d 1346 (Fed. Cir. 2010) Cited 23 times 5 Legal Analyses
Holding that whether the trade dress was "a common basic shape or design" was "inapplicable" because "there has been no showing that the [trade dress] is common generally"
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
Midwestern Pet Foods, Inc. v. Societe Des Produits Nestle S.A.
685 F.3d 1046 (Fed. Cir. 2012) Cited 19 times
Declining to "infer from Nestle's failure to provide survey evidence that such evidence would be harmful"
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 16 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,914 times 126 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
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"
Section 1057 - Certificates of registration
15 U.S.C. § 1057 Cited 1,053 times 5 Legal Analyses
Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark
Section 1055 - Use by related companies affecting validity and registration
15 U.S.C. § 1055 Cited 152 times 3 Legal Analyses
Noting that the benefit of licensee's "first use" of a mark inures to a licensor only if the licensor "control ... the nature and quality of the goods"

Target Brands, Inc. v. Jackdaddy Inc.

26 Cited authorities

Holding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit

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

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"

Reviewing the weight given to the similarity-of-the-marks factor for legal error

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"

Finding that the similarity of the marks weighed heavily in favor of a likelihood of confusion

Holding that whether the trade dress was "a common basic shape or design" was "inapplicable" because "there has been no showing that the [trade dress] is common generally"

Rejecting an argument that the specific style of a registered mark could serve to distinguish the applicant's mark in standard character form

Declining to "infer from Nestle's failure to provide survey evidence that such evidence would be harmful"

Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

Requiring a filing of a Statement of Use to register a mark

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"

Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

Noting that the benefit of licensee's "first use" of a mark inures to a licensor only if the licensor "control ... the nature and quality of the goods"