Kendall

8 Cited authorities

Selox v. Fausek
506 U.S. 1034 (1992) Cited 32 times
No. 92-708. December 14, 1992. C.A. 6th Cir. Certiorari denied. Reported below: 965 F. 2d 126.
Aktiebolaget Electrolux v. Armatron Intern
999 F.2d 1 (1st Cir. 1993) Cited 60 times
Finding lack of evidence of actual confusion significant because products had coexisted in the same market for roughly six years
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"
University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.
703 F.2d 1372 (Fed. Cir. 1983) Cited 19 times 2 Legal Analyses
In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
Hancock v. Am. Steel Wire Co. of N.J
203 F.2d 737 (C.C.P.A. 1953) Cited 30 times
Holding infringer's use of "Tornado" on wire fencing carried identical meaning to protected user's "Cyclone"
Bill Rivers Trailers v. Thermo King Corp.
478 F.2d 1243 (C.C.P.A. 1973)
Patent Appeal No. 8952. May 24, 1973. Edward G. Fenwick, Jr., Mason, Fenwick Lawrence, Washington, D.C., attorneys of record, for appellant. Arthur S. Caine, Minneapolis, Minn., William T. Bullinger, Washington, D.C., attorneys of record, for appellee. Appeal from the Patent Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. ALMOND, Senior Judge. This is an appeal from the decision of the Patent Office Trademark Trial and
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 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,599 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"

Kendall

8 Cited authorities

Finding lack of evidence of actual confusion significant because products had coexisted in the same market for roughly six years

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

In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

Holding infringer's use of "Tornado" on wire fencing carried identical meaning to protected user's "Cyclone"

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.

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"