TBN Holdings Inc.

7 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"
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
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”
Electronic Design Sales v. Electronic Sys
954 F.2d 713 (Fed. Cir. 1992) Cited 28 times
Holding that purchaser confusion is the "primary focus" and, in case of goods and services that are sold, "the inquiry generally will turn on whether actual or potential `purchasers' are confused"
In re Electrolyte Laboratories, Inc
929 F.2d 645 (Fed. Cir. 1990) Cited 11 times 1 Legal Analyses
Holding that the Board cannot ignore the less dominant portion of a cited mark
Canadian Imperial Bank v. Wells Fargo Bank
811 F.2d 1490 (Fed. Cir. 1987) Cited 13 times
Affirming likelihood of confusion
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"

TBN Holdings Inc.

7 Cited authorities

In re E. I. DuPont DeNemours & Co.

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

In re Dixie Restaurants, Inc.

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

In re Shell Oil Co.

Finding a correlation based on evidence of “overlap of consumers”

Electronic Design Sales v. Electronic Sys

Holding that purchaser confusion is the "primary focus" and, in case of goods and services that are sold, "the inquiry generally will turn on whether actual or potential `purchasers' are confused"

In re Electrolyte Laboratories, Inc

Holding that the Board cannot ignore the less dominant portion of a cited mark

Canadian Imperial Bank v. Wells Fargo Bank

Affirming likelihood of confusion

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"