Honest Tea, Inc. v. Annona Company, L.L.C.

13 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"
Palm Bay Imp. v. Veuve Clicquot Ponsardin
396 F.3d 1369 (Fed. Cir. 2005) Cited 72 times 4 Legal Analyses
Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"
Imperial Tobacco v. Philip Morris, Inc.
899 F.2d 1575 (Fed. Cir. 1990) Cited 88 times 5 Legal Analyses
Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal Analyses
Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 58 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
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
T.A.B. Systems v. Pactel Teletrac
77 F.3d 1372 (Fed. Cir. 1996) Cited 29 times 1 Legal Analyses
Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services
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
San Fernando Electric Mfg. Co. v. JFD Electronics Components Corp.
565 F.2d 683 (C.C.P.A. 1977) Cited 11 times
Appeal No. 77-576. November 23, 1977. Rober C. Comstock, Los Angeles, Cal., of record, for appellant. Edward A. Meilman, Ostrolenk, Faber, Gerb Soffen, New York City, of record, for appellee; Sidney G. Faber, New York City, of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. RICH, Judge. This appeal is from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) dismissing an
Wilson v. Delaunay
245 F.2d 877 (C.C.P.A. 1957) Cited 11 times
In Wilson, the board similarly noted that, as between a company seeking to register "Newports" for women's shoes and a company selling outer shirts under the "Newport" brand, the singular form of Newport was materially indistinguishable under those circumstances.
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,904 times 126 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
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"
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 23 times 1 Legal Analyses
Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

Honest Tea, Inc. v. Annona Company, L.L.C.

13 Cited authorities

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

Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

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

Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

In Wilson, the board similarly noted that, as between a company seeking to register "Newports" for women's shoes and a company selling outer shirts under the "Newport" brand, the singular form of Newport was materially indistinguishable under those circumstances.

Requiring a filing of a Statement of Use to register a mark

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"

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"