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Benjamin J. Giersch v. Scripps Networks, Inc.

No. 92045576 (T.T.A.B. Mar. 16, 2009)
Benjamin J. Giersch v. Scripps Networks, Inc.

20 Cited authorities

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   32 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 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"

  3. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 77 times
    Applying Recot in analyzing the similarity of services

  4. 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"

  5. In re Dixie Restaurants, Inc.

    105 F.3d 1405 (Fed. Cir. 1997)   Cited 33 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

  6. Saxlehner v. Eisner Mendelson Co.

    179 U.S. 19 (1900)   Cited 183 times
    In Saxlehner v. Eisner Mendelson Co., 179 U.S. 19, 21 S.Ct. 7, 45 L.Ed. 60 (1900), the owner of a trademark lost his rights therein when he permitted infringers to use it until it became a generic name. Also see Dwinell-Wright Co. v. White House Milk Co., 2 Cir., 1943, 132 F.2d 822.

  7. T.A.B. Systems v. Pactel Teletrac

    77 F.3d 1372 (Fed. Cir. 1996)   Cited 29 times   1 Legal Analyses
    Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services

  8. Hydro-Dynamics, Inc., v. George Putnam Co.

    811 F.2d 1470 (Fed. Cir. 1987)   Cited 41 times
    Recognizing that single bona fide shipment in commerce may support registration

  9. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 12 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

  10. Stock Pot Restaurant, Inc. v. Stockpot, Inc.

    737 F.2d 1576 (Fed. Cir. 1984)   Cited 32 times
    In Stock Pot, the appellee was a dissolved Massachusetts corporation at the time it filed suit and therefore did not have capacity to sue under Massachusetts law.

  11. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,000 times   97 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

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

    15 U.S.C. § 1052   Cited 1,597 times   273 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"

  13. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,037 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  14. Section 1055 - Use by related companies affecting validity and registration

    15 U.S.C. § 1055   Cited 151 times   3 Legal Analyses
    Noting that the benefit of licensee's "first use" of a mark inures to a licensor only if the licensor "control . . . the nature and quality of the goods"

  15. 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"

  16. 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