BKW Seasonings, Inc

21 Cited authorities

Coach Services, Inc. v. Triumph Learning LLC
668 F.3d 1356 (Fed. Cir. 2012) Cited 108 times 4 Legal Analyses
Holding that it is the opposer's burden to prove fame of its mark
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"
Giant Food, Inc. v. Nation's Foodservice
710 F.2d 1565 (Fed. Cir. 1983) Cited 87 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
In re Cordua Rests., Inc.
823 F.3d 594 (Fed. Cir. 2016) Cited 27 times 7 Legal Analyses
Holding that certain words referring to key aspects of a genus of services were generic for those services
Stone Lion Capital Partners, L.P. v. Lion Capital LLP
746 F.3d 1317 (Fed. Cir. 2014) Cited 25 times
Reviewing the weight given to the similarity-of-the-marks factor for legal error
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"
In re Viterra Inc.
671 F.3d 1358 (Fed. Cir. 2012) Cited 26 times 3 Legal Analyses
Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"
Citigroup Inc. v. Capital City Bank Group
637 F.3d 1344 (Fed. Cir. 2011) Cited 27 times 3 Legal Analyses
Considering "corporate studies tracking awareness of the CITIBANK mark"
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
Century 21 Real Estate Corp. v. Century Life of America
970 F.2d 874 (Fed. Cir. 1992) Cited 39 times
Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,600 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"

BKW Seasonings, Inc

21 Cited authorities

Holding that it is the opposer's burden to prove fame of its mark

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

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

Holding that certain words referring to key aspects of a genus of services were generic for those services

Reviewing the weight given to the similarity-of-the-marks factor for legal error

Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

Considering "corporate studies tracking awareness of the CITIBANK mark"

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

Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

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"