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Phoenix Software International v. Board of Regents of the University of Wisconsin System

No. 92042881 (T.T.A.B. Sep. 26, 2007)
Phoenix Software International v. Board of Regents of the University of Wisconsin System

17 Cited authorities

  1. 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"

  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. Bridgestone/Firestone Research, Inc. v. Automobile Club de l'Ouest de la France

    245 F.3d 1359 (Fed. Cir. 2001)   Cited 51 times
    Holding that a petition for cancellation of a registered trademark was barred by the doctrine of laches based on the petitioner's constructive knowledge

  5. 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

  6. Cerveceria Centroamericana v. Cerveceria

    892 F.2d 1021 (Fed. Cir. 1989)   Cited 50 times   1 Legal Analyses
    Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

  7. 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”

  8. M2 Software, Inc. v. M2 Communications, Inc.

    450 F.3d 1378 (Fed. Cir. 2006)   Cited 14 times   2 Legal Analyses
    Upholding board's finding of no likelihood of confusion between marks after finding that parties' multimedia CD-Roms were not similar and had different channels of trade; one party's product was used strictly in the film and music industries and the other's was used in the fields of pharmacy and medicine.

  9. Young v. AGB Corp.

    152 F.3d 1377 (Fed. Cir. 1998)   Cited 20 times

    No. 98-1055 DECIDED: August 17, 1998 Appealed from: U.S. Patent and Trademark Office Trademark Trial and Appeal Board. Sharon Dinwiddie, Burke Blue, P.A., of Panama City, Florida, argued for appellant. On the brief was Edward A. Hutchinson, Jr. Pamela Ann Bresnahan, Vorys, Sater, Seymour and Pease, LLP, of Washington, DC, argued for appellee. With her on the brief was Cory M. Amron. Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge. LOURIE, Circuit Judge. John

  10. Octocom Systems v. Houston Computer Services

    918 F.2d 937 (Fed. Cir. 1990)   Cited 28 times

    No. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark

  11. Section 2.120 - Discovery

    37 C.F.R. § 2.120   Cited 23 times   5 Legal Analyses
    Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"