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The Advice Company

No. 77005059 (T.T.A.B. Jun. 7, 2012)
The Advice Company

10 Cited authorities

  1. 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"

  2. 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"

  3. In re 1800Mattress.Com IP, LLC

    586 F.3d 1359 (Fed. Cir. 2009)   Cited 12 times   2 Legal Analyses
    Finding "MATTRESS.COM" generic in relation to online retail store services in the field of mattresses was supported by substantial evidence

  4. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 12 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

  5. University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

    703 F.2d 1372 (Fed. Cir. 1983)   Cited 19 times   2 Legal Analyses
    In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

  6. In re Four Seasons Hotels Ltd.

    987 F.2d 1565 (Fed. Cir. 1993)   Cited 3 times   1 Legal Analyses

    No. 92-1222. March 9, 1993. Anthony L. Fletcher, Hunton Williams, New York City, argued, for appellant. Linda M. Skoro, Associate Sol., Office of the Sol., Arlington, VA, argued, for appellee. With her on the brief, were Fred E. McKelvey, Sol. and Albin F. Drost, Deputy Sol. Of counsel, were Richard E. Schafer, John W. Dewhirst and Lee E. Barrett. Appeal from the Trademark Trial and Appeal Board of the Patent and Trademark Office. Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and PLAGER

  7. In re Mastic Inc.

    829 F.2d 1114 (Fed. Cir. 1987)   Cited 4 times

    No. 87-1058. September 30, 1987. Robert McMorrow, Sughrue, Mion, Zinn, MacPeak Seas, Washington, D.C., argued for appellant. With him on brief, was John H. Weber. Nancy C. Slutter, Asst. Sol., Office of the Solicitor, Arlington, Va., argued for appellee. With her on brief, were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. Before FRIEDMAN, Circuit Judge, BALDWIN, Senior Circuit Judge, and NIES, Circuit Judge

  8. Sure-Fit Products Co. v. Saltzson Drapery

    254 F.2d 158 (C.C.P.A. 1958)   Cited 21 times
    In Sure-Fit Products Company v. Saltzson Drapery Company, 1958, 254 F.2d 158, 45 C.C.P.A. 856, an opposition proceeding, the court in holding that "Rite-Fit" as a trademark for ready made slip covers was not confusingly similar to the prior trademark "Sure-Fit" for identical goods sold in direct competition, noted that its decision was most strongly influenced by the fact that the marks in question were the weakest possible type of mark.

  9. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,633 times   26 Legal Analyses
    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."

  10. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,600 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"