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11 Cited authorities

  1. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 193 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. In re Dixie Restaurants, Inc.

    105 F.3d 1405 (Fed. Cir. 1997)   Cited 34 times
    Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

  3. In re Nett Designs, Inc.

    236 F.3d 1339 (Fed. Cir. 2001)   Cited 28 times
    Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"

  4. 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

  5. Canadian Imperial Bank v. Wells Fargo Bank

    811 F.2d 1490 (Fed. Cir. 1987)   Cited 13 times   1 Legal Analyses
    Affirming likelihood of confusion

  6. In re Hyper Shoppes (Ohio), Inc.

    837 F.2d 463 (Fed. Cir. 1988)   Cited 11 times   1 Legal Analyses
    Finding similarity between furniture and "general merchandise store services," and rejecting the distinction between goods and services as having "little or no legal significance"

  7. Federated Foods v. Fort Howard Paper Co.

    544 F.2d 1098 (C.C.P.A. 1976)   Cited 17 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

  8. Spice Islands, Inc. v. Frank Tea & Spice Co.

    505 F.2d 1293 (C.C.P.A. 1974)   Cited 10 times
    Finding two marks create the same commercial impression because they "convey to prospective purchasers the same idea, same mental reaction, and same meaning"

  9. Wincharger Corporation v. Rinco, Inc.

    297 F.2d 261 (C.C.P.A. 1962)   Cited 17 times
    In Wincharger Corp. v. Rinco, Inc., 297 F.2d 261 (C.C.P.A. 1962), for example, which concerned the sophistication of technicians in the field of electrical devices, the court stated that while technicians are "a discriminating group of people [b]eing skilled in their own art does not necessarily preclude their mistaking one trademark for another...."

  10. Application of Pneumatiques, Caoutchouc Man

    487 F.2d 918 (C.C.P.A. 1973)   Cited 4 times

    Patent Appeal No. 9067. November 15, 1973. Paul M. Craig, Jr., attorney of record, for appellant. S. Wm. Cochran, for the Commissioner of Patents, R. V. Lupo, of counsel. Appeal from the Patent Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (abstracted at 170 USPQ 543) affirming the examiner's refusal to register appellant's mark for

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

    15 U.S.C. § 1052   Cited 1,615 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"