TBC Trademarks, LLC v. Heckethorn Products, Inc.

15 Cited authorities

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"
In re Viterra Inc.
671 F.3d 1358 (Fed. Cir. 2012) Cited 27 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"
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 58 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Century 21 Real Estate Corp. v. Century Life of America
970 F.2d 874 (Fed. Cir. 1992) Cited 39 times
Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"
Specialty Brands v. Coffee Bean Distributors
748 F.2d 669 (Fed. Cir. 1984) Cited 48 times
Holding that "[w]hen an opposer's trademark is a strong, famous mark, it can never be of little consequence" in a likelihood-of-confusion analysis
Bridgestone Americas Tire Operations, LLC v. Federal Corp.
673 F.3d 1330 (Fed. Cir. 2012) Cited 8 times
No. 2010–1376. 2012-03-16 BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC (formerly Bridgestone Firestone North American Tire, LLC) and Bridgestone Corporation, Appellants, v. FEDERAL CORPORATION, Appellee. Douglas A. Rettew, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for appellants. With him on the brief was Danny M. Awdeh. Everett E. Fruehling, Christensen, O'Connor Johnson Kindness PLLC, of Seattle, Washington, argued for appellee. NEWMAN Douglas A. Rettew, Finnegan
In re Majestic Distilling Co., Inc.
315 F.3d 1311 (Fed. Cir. 2003) Cited 13 times 1 Legal Analyses
Holding that malt liquor and tequila sold under the same mark would cause a 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
San Fernando Electric Mfg. Co. v. JFD Electronics Components Corp.
565 F.2d 683 (C.C.P.A. 1977) Cited 11 times
Appeal No. 77-576. November 23, 1977. Rober C. Comstock, Los Angeles, Cal., of record, for appellant. Edward A. Meilman, Ostrolenk, Faber, Gerb Soffen, New York City, of record, for appellee; Sidney G. Faber, New York City, of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. RICH, Judge. This appeal is from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) dismissing an
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,611 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 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 24 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"

TBC Trademarks, LLC v. Heckethorn Products, Inc.

15 Cited authorities

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"

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"

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

Holding that "[w]hen an opposer's trademark is a strong, famous mark, it can never be of little consequence" in a likelihood-of-confusion analysis

Holding that malt liquor and tequila sold under the same mark would cause a 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"

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"