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Trilliant Food and Nutrition, LLC

No. 87299665 (T.T.A.B. Jun. 6, 2018)
Trilliant Food and Nutrition, LLC

16 Cited authorities

  1. Abercrombie Fitch Co. v. Hunting World, Inc.

    537 F.2d 4 (2d Cir. 1976)   Cited 819 times   6 Legal Analyses
    Holding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit

  2. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 109 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  3. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."

  4. 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"

  5. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 73 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"

  6. Giant Food, Inc. v. Nation's Foodservice

    710 F.2d 1565 (Fed. Cir. 1983)   Cited 89 times
    Holding that the shared term GIANT is the dominant portion of the marks, which supports a finding that there would be a likelihood of confusion between them

  7. Juice Generation, Inc. v. GS Enterprises LLC

    794 F.3d 1334 (Fed. Cir. 2015)   Cited 29 times   2 Legal Analyses
    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"

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

    746 F.3d 1317 (Fed. Cir. 2014)   Cited 26 times
    Affirming TTAB's finding that the mark STONE LION CAPITAL was similar to the marks LION CAPITAL and LION, finding that little weight should be accorded to the addition of "Stone" because it did not distinguish the marks in the context of the parties' services

  9. In re I.Am.Symbolic, LLC

    866 F.3d 1315 (Fed. Cir. 2017)   Cited 18 times
    Finding that the similarity of the marks weighed heavily in favor of a likelihood of confusion

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

    797 F.3d 1363 (Fed. Cir. 2015)   Cited 17 times   4 Legal Analyses
    Holding that the Board erred in giving little weight to evidence of registered third-party marks in actual use

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,920 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,612 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"