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Walden Book Co., Inc. and Kroch’s & Brentano’s, Inc. v. Brenntano Co., Ltd.

No. 91085214 (T.T.A.B. Dec. 29, 1997)
Walden Book Co., Inc. and Kroch’s & Brentano’s, Inc. v. Brenntano Co., Ltd.

10 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. Kenner Parker Toys v. Rose Art Industries

    963 F.2d 350 (Fed. Cir. 1992)   Cited 51 times
    Holding that in light of the appearance, sound and meaning of the marks PLAY-DOH and FUNDOUGH, consumers may receive the "same commercial impression" from the marks

  3. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 57 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  4. Electronic Design Sales v. Electronic Sys

    954 F.2d 713 (Fed. Cir. 1992)   Cited 28 times
    Holding that purchaser confusion is the "primary focus" and, in case of goods and services that are sold, "the inquiry generally will turn on whether actual or potential `purchasers' are confused"

  5. University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

    703 F.2d 1372 (Fed. Cir. 1983)   Cited 19 times   2 Legal Analyses
    In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

  6. G.H. Mumm & Cie v. Desnoes & Geddes, Ltd.

    917 F.2d 1292 (Fed. Cir. 1990)   Cited 9 times
    Stating that a determination of secondary meaning is a question of fact which is reviewed on appeal under the clearly erroneous standard

  7. Levi Strauss Co. v. Genesco, Inc.

    742 F.2d 1401 (Fed. Cir. 1984)   Cited 13 times
    In Levi Strauss Co. v. Genesco, Inc., 742 F.2d 1401, 222 U.S.P.Q. 939 (Fed. Cir. 1984), we affirmed the Trademark Trial and Appeal Board's refusal to register a mark for a shoe tab. Noting the significant prior use of such tabs by other companies, we held that "Levi's use of a tab on shoes has been neither first nor exclusive," thus, it failed to show that its mark was distinctive.

  8. Jacobs v. International Multifoods Corp.

    668 F.2d 1234 (C.C.P.A. 1982)   Cited 5 times
    Analyzing the likelihood of confusion in a case that did not involve any survey

  9. Application of Ferrero

    479 F.2d 1395 (C.C.P.A. 1973)   Cited 10 times

    Patent Appeal No. 8963. June 21, 1973. Rehearing Denied August 16, 1973. G. Franklin Rothwell, Washington, D.C. (Sughrue, Rothwell, Mion, Zinn Macpeak, Washington, D.C.), for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. R.V. Lupo, Washington, D.C., of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, and LANE, Judges, and ALMOND, Senior Judge. RICH, Judge. This appeal is from the decision of the Trademark Trial

  10. Witco Chemical Co. v. Whitfield Chemical

    418 F.2d 1403 (C.C.P.A. 1969)   Cited 11 times

    Patent Appeal No. 8207. December 18, 1969. Sidney Wallenstein, Chicago, Ill., attorney of record, for appellant. Ben Cohen, Washington, D.C., Charles B. Spangenberg, Chicago, Ill., of counsel. William C. McCoy, Jr., Robert D. Hart, McCoy, Greene Howell, Cleveland, Ohio, for appellee. Before RICH, Acting Chief Judge, MATTHEWS, Judge, sitting by designation, and ALMOND, BALDWIN and LANE, Judges. RICH, Acting Chief Judge. This appeal is from the decision of the Patent Office Trademark Trial and Appeal