Astro West Inc.

8 Cited authorities

In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 190 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
CBS Inc. v. Morrow
708 F.2d 1579 (Fed. Cir. 1983) Cited 20 times
In CBS, the court gave greater weight to the verbal portion of the subject mark because the evidence showed that “approximately 15% [of the product's] total sales are by mail order, and [the product's] 17–page catalog (of record) displays” the mark a number of times without its design elements.
SquirtCo v. Tomy Corp.
697 F.2d 1038 (Fed. Cir. 1983) Cited 12 times
Rejecting argument that SQUIRT SQUAD in standard letters is distinct from SQUIRT registered in “distinctive lettering on a dark medallion”; “[b]y presenting its mark merely in a typed drawing, a difference cannot legally be asserted by that party”
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
Paula Payne Prod. Co. v. Johnson Publishing
473 F.2d 901 (C.C.P.A. 1973) Cited 15 times
Patent Appeal No. 8876. March 1, 1973. Edward G. Fenwick, Jr., Washington, D.C., Mason, Fenwick Lawrence, Washington, D.C., attorneys of record, for appellant. Leonard S. Knox, Chicago, Ill., attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. LANE, Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, abstracted at 166 USPQ 512 (1970), dismissing an opposition lodged
AMF Inc. v. American Leisure Products, Inc.
474 F.2d 1403 (C.C.P.A. 1973) Cited 13 times
Holding that "little weight is to be given [to third-party] registrations in evaluating whether there is likelihood of confusion" because "[t]he existence of these registrations is not evidence of what happens in the market place or that customers are familiar with them"
Wincharger Corporation v. Rinco, Inc.
297 F.2d 261 (C.C.P.A. 1962) Cited 17 times
In Wincharger Corp. v. Rinco, Inc., 297 F.2d 261 (C.C.P.A. 1962), for example, which concerned the sophistication of technicians in the field of electrical devices, the court stated that while technicians are "a discriminating group of people [b]eing skilled in their own art does not necessarily preclude their mistaking one trademark for another...."
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,605 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"

Astro West Inc.

8 Cited authorities

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Rejecting argument that SQUIRT SQUAD in standard letters is distinct from SQUIRT registered in “distinctive lettering on a dark medallion”; “[b]y presenting its mark merely in a typed drawing, a difference cannot legally be asserted by that party”

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

Holding that "little weight is to be given [to third-party] registrations in evaluating whether there is likelihood of confusion" because "[t]he existence of these registrations is not evidence of what happens in the market place or that customers are familiar with them"

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"