Titmouse, Inc. v. Andrew Dickerson

35 Cited authorities

Coach Services, Inc. v. Triumph Learning LLC
668 F.3d 1356 (Fed. Cir. 2012) Cited 104 times 4 Legal Analyses
Holding that it is the opposer's burden to prove fame of its mark
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 188 times 30 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"
Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 72 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"
Enzo Biochem, Inc. v. Gen-Probe Inc.
424 F.3d 1276 (Fed. Cir. 2005) Cited 58 times 1 Legal Analyses
Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment
Gemtron Corp. v. Saint-Gobain Corp.
572 F.3d 1371 (Fed. Cir. 2009) Cited 43 times 1 Legal Analyses
Holding that “unsworn attorney argument ... is not evidence”
Recot, Inc. v. Becton
214 F.3d 1322 (Fed. Cir. 2000) Cited 56 times
Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal Analyses
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
746 F.3d 1317 (Fed. Cir. 2014) Cited 24 times
Reviewing the weight given to the similarity-of-the-marks factor for legal error
In re Detroit Athletic Co.
903 F.3d 1297 (Fed. Cir. 2018) Cited 17 times
Finding "the identity of the marks’ two initial words is particularly significant because consumers typically notice those words first"
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,187 times 51 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,528 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"
Rule 902 - Evidence That Is Self-Authenticating
Fed. R. Evid. 902 Cited 2,136 times 35 Legal Analyses
Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 272 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 2.116 - Federal Rules of Civil Procedure
37 C.F.R. § 2.116 Cited 49 times
Making the federal rules of civil procedure generally applicable in TTAB proceedings
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 23 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"

Titmouse, Inc. v. Andrew Dickerson

35 Cited authorities

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

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"

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"

Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment

Holding that “unsworn attorney argument ... is not evidence”

Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration

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

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

Finding "the identity of the marks’ two initial words is particularly significant because consumers typically notice those words first"

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating

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"

Making the federal rules of civil procedure generally applicable in TTAB proceedings

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"