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First American Fastrac Systems, Inc. and First American Corp. v. Empire Fire and Marine Ins. Co.

No. 91110976 (T.T.A.B. Sep. 5, 2001)
First American Fastrac Systems, Inc. and First American Corp. v. Empire Fire and Marine Ins. Co.

16 Cited authorities

  1. 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"

  2. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 74 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

  3. 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

  4. Giant Food, Inc. v. Nation's Foodservice

    710 F.2d 1565 (Fed. Cir. 1983)   Cited 88 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

  5. 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

  6. J J Snack Foods Corp. v. McDonalds' Corp.

    932 F.2d 1460 (Fed. Cir. 1991)   Cited 45 times   1 Legal Analyses
    Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"

  7. 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

  8. In re Shell Oil Co.

    992 F.2d 1204 (Fed. Cir. 1993)   Cited 35 times   2 Legal Analyses
    Finding a correlation based on evidence of “overlap of consumers”

  9. Olde Tyme Foods, Inc. v. Roundy's, Inc.

    961 F.2d 200 (Fed. Cir. 1992)   Cited 12 times
    Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

  10. Canadian Imperial Bank v. Wells Fargo Bank

    811 F.2d 1490 (Fed. Cir. 1987)   Cited 13 times
    Affirming likelihood of confusion

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,009 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

  12. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 922 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services