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Volume Services America, Inc.

No. 78313276 (T.T.A.B. Mar. 8, 2006)
Volume Services America, Inc.

13 Cited authorities

  1. 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."

  2. 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"

  3. W.E. Bassett Company v. Revlon, Inc.

    435 F.2d 656 (2d Cir. 1970)   Cited 182 times   1 Legal Analyses
    Finding unjust enrichment after defendant sold a product with plaintiff's mark "in the teeth of the patent office's refusal to register" that mark

  4. 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

  5. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 73 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  6. Menendez v. Holt

    128 U.S. 514 (1888)   Cited 336 times   6 Legal Analyses
    Holding that, although the plaintiff had delayed in bringing suit, "there was neither conduct nor negligence which could be held to destroy the right to prevention of further injury"

  7. In re Shell Oil Co.

    992 F.2d 1204 (Fed. Cir. 1993)   Cited 35 times   2 Legal Analyses
    Finding a correlation based on evidence of “overlap of consumers”

  8. A. T. Cross Co. v. Jonathan Bradley Pens, Inc.

    470 F.2d 689 (2d Cir. 1972)   Cited 56 times
    Finding likelihood of confusion between CROSS pens and La Crosse pens

  9. Federated Foods v. Fort Howard Paper Co.

    544 F.2d 1098 (C.C.P.A. 1976)   Cited 16 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

  10. Hat Corp. of America v. John B. Stetson Co.

    223 F.2d 485 (C.C.P.A. 1955)   Cited 10 times
    In Hat Corp. of America v. John B. Stetson Co., 223 F.2d 485, 487, 42 C.C.P.A., Patents, 1001, the involved marks were "Railbird" and "Game Bird," and the Assistant Commissioner had held that "`* * * the marks of both parties are apparently always used in conjunction with the more familiar and better known trade-marks "Dobbs" (opposer's) and "Stetson" and device (applicant's), thereby eliminating likelihood that purchasers would be confused, misled or deceived into believing that the hats so marked emanate from the same source; * * *."

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

    15 U.S.C. § 1052   Cited 1,610 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"

  12. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,053 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark