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DC Comics v. Pan American Grain Mfg. Co. Inc.

No. 91125404 (T.T.A.B. Aug. 24, 2005)
DC Comics v. Pan American Grain Mfg. Co. Inc.

13 Cited authorities

  1. Conan Properties, Inc. v. Conans Pizza, Inc.

    752 F.2d 145 (5th Cir. 1985)   Cited 174 times   1 Legal Analyses
    Holding injunctive relief to be appropriate for use that mark-owner acquiesced to but not for infringement that took place after receipt of a cease and desist letter

  2. American Footwear Corp. v. General Footwear Co.

    609 F.2d 655 (2d Cir. 1979)   Cited 191 times
    Finding that "the critical defect in this survey was the failure to conduct it under actual marketing conditions"—and so the "district court's rejection of this survey evidence was not clearly erroneous"

  3. 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"

  4. Warner Bros., Inc. v. Gay Toys, Inc.

    658 F.2d 76 (2d Cir. 1981)   Cited 147 times
    Noting that" § 43 of the Lanham Act is remedial in nature, and should be interpreted and applied broadly so as to effectuate its remedial purpose"

  5. Recot, Inc. v. Becton

    214 F.3d 1322 (Fed. Cir. 2000)   Cited 57 times
    Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration

  6. Hewlett-Packard Co. v. Packard Press, Inc.

    281 F.3d 1261 (Fed. Cir. 2002)   Cited 33 times
    Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”

  7. 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

  8. D C Comics, Inc. v. Powers

    465 F. Supp. 843 (S.D.N.Y. 1978)   Cited 30 times   3 Legal Analyses

    No. 78 Civ. 4597 (KTD). December 7, 1978. Weiss, David, Fruss Lehrman, New York City, Cowan, Liebowitz Latman, New York City, for plaintiff; Michael Davis, New York City, Carol F. Simkin, Mitchell Alan Frank, New York City, of counsel. David S. Fitzpatrick, Michael F. Schwartz, New York City, for defendants Jerry Powers and The Daily Planet, Inc. OPINION AND ORDER KEVIN THOMAS DUFFY, District Judge: This is a trademark action involving use of the name Daily Planet both as the title of a news publication

  9. In re Martin's Famous Pastry Shoppe, Inc.

    748 F.2d 1565 (Fed. Cir. 1984)   Cited 18 times
    Finding likelihood of confusion between "Martin's" for bread and "Martin's" for cheese, since the products "travel in the same channels of trade," are sold by the "same retail outlets," and are "often used in combination"

  10. TBC Corp. v. Holsa, Inc.

    126 F.3d 1470 (Fed. Cir. 1997)   Cited 3 times

    No. 96-1140 DECIDED: October 9, 1997 Appealed from: Patent and Trademark Office Trademark Trial and Appeal Board. (Opposition No. 84,567) Marsha G. Gentner, Jacobson, Price, Holman Stern, P.L.L.C., of Washington, D.C., argued for appellant. With her on the brief was Leesa N. Weiss. William R. Golden, Jr., of Kelley Drye Warren, of New York, New York, argued for appellee. Before RICH, NEWMAN, and RADER, Circuit Judges. Opinion for the court filed by Circuit Judge RICH. Circuit Judge RADER dissents

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,896 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint