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Von Dutch Originals, LLC v. Richard M. Betts

No. 91159477 (T.T.A.B. Apr. 4, 2006)
Von Dutch Originals, LLC v. Richard M. Betts

12 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. 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"

  3. Beckwith v. Commr. of Patents

    252 U.S. 538 (1920)   Cited 179 times   1 Legal Analyses
    Defining “composite marks” as those which “contain both registerable and nonregisterable matter”

  4. 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.”

  5. Specialty Brands v. Coffee Bean Distributors

    748 F.2d 669 (Fed. Cir. 1984)   Cited 48 times
    Holding that "[w]hen an opposer's trademark is a strong, famous mark, it can never be of little consequence" in a likelihood-of-confusion analysis

  6. In re Bed & Breakfast Registry

    791 F.2d 157 (Fed. Cir. 1986)   Cited 24 times

    Appeal No. 85-2418. May 20, 1986. Mark E. Singer, Winnetka, Ill., for appellant. Nancy C. Slutter, Trademark Examining Atty., Office of the Sol., Arlington, Va., argued, for appellee. With her on brief, were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol. Appeal from the Trademark Trial and Appeal Board. Before SMITH, NEWMAN, and BISSELL, Circuit Judges. PAULINE NEWMAN, Circuit Judge. The U.S. Patent and Trademark Office (PTO) refused registration on the Principal Register of the service

  7. Canadian Imperial Bank v. Wells Fargo Bank

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

  8. 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

  9. In re Mars, Inc.

    741 F.2d 395 (Fed. Cir. 1984)   Cited 1 times

    Appeal No. 84-835. Decided August 10, 1984. Bradford E. Kile, Washington, D.C., argued for appellant. With him on the brief was John J. Byrne, Washington, D.C. Henry W. Tarring, III, Arlington, argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Jere W. Sears, Deputy Sol., Washington, D.C. Appeal from the United States Patent and Trademark Office Trademark Trial and Appeal Board. Before FRIEDMAN, RICH and BALDWIN, Circuit Judges. RICH, Circuit Judge. This appeal is from the

  10. King Candy Co. v. Eunice King's Kitchen

    496 F.2d 1400 (C.C.P.A. 1974)   Cited 8 times

    Patent Appeal No. 9245. June 6, 1974. J. Timothy Hobbs, Washington, D.C. (Mason, Fenwick Lawrence, Washington, D.C.), attorney of record, for appellant. William B. Mason, Arlington, Va. (Mason, Mason Albright, Arlington, Va.), attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973)

  11. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 24 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"

  12. Section 2.123 - Trial testimony in inter partes cases

    37 C.F.R. § 2.123   Cited 10 times

    (a) (1) The testimony of witnesses in inter partes cases may be submitted in the form of an affidavit or a declaration pursuant to § 2.20 and in conformance with the Federal Rules of Evidence, filed during the proffering party's testimony period, subject to the right of any adverse party to elect to take and bear the expense of oral cross-examination of that witness as provided under paragraph (c) of this section if such witness is within the jurisdiction of the United States, or conduct cross-examination