Coach Services, Inc. v. Triumph Learning LLC

Holding that it is the opposer's burden to prove fame of its mark

In re E. I. DuPont DeNemours & Co.

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

Palm Bay Imp. v. Veuve Clicquot Ponsardin

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"

Cunningham v. Laser Golf Corp.

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"

Juice Generation, Inc. v. GS Enterprises LLC

Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

Ritchie v. Simpson

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

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

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

Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U.

Holding that the Board erred in giving little weight to evidence of registered third-party marks in actual use

In re Chippendales USA, Inc.

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

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

Rule 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

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

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

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

Recognizing exception to rule against hearsay for records of regularly conducted activities

Section 1051 - Application for registration; verification

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

Section 1052 - Trademarks registrable on principal register; concurrent registration

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

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"

Section 2.123 - Trial testimony in inter partes cases