Two Pesos, Inc. v. Taco Cabana, Inc.

Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown

B&B Hardware, Inc. v. Hargis Indus., Inc.

Holding proceeding before the PTO's Trademark Trial and Appeal Board can have preclusive effect

Taco Cabana Intern., Inc. v. Two Pesos, Inc.

Holding district court has “considerable discretion in fashioning an appropriate remedy for infringement”

In re E. I. DuPont DeNemours & Co.

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

Palm Bay Imp. v. Veuve Clicquot Ponsardin

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"

Zheng Cai v. Diamond Hong, Inc.

Cunningham v. Laser Golf Corp.

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"

Recot, Inc. v. Becton

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

Herbko Intern., Inc. v. Kappa Books, Inc.

Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

Juice Generation, Inc. v. GS Enterprises LLC

Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

Section 1051 - Application for registration; verification

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

Section 1127 - Construction and definitions; intent of chapter

Granting standing under § 1114 to the legal representative of the registrant of a trademark

Section 1052 - Trademarks registrable on principal register; concurrent registration

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 1055 - Use by related companies affecting validity and registration

Noting that the benefit of licensee's "first use" of a mark inures to a licensor only if the licensor "control ... the nature and quality of the goods"

Section 1063 - Opposition to registration

Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"

Section 1056 - Disclaimer of unregistrable matter

Limiting effect of disclaimers to mark for which registration was sought