Thomas and Linda Diak dba Dyakcraft (formerly Grafton Fibers) v. Crafts Americana Group, Inc.

20 Cited authorities

Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
529 U.S. 205 (2000) Cited 796 times 41 Legal Analyses
Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive
In re Bose Corp.
580 F.3d 1240 (Fed. Cir. 2009) Cited 173 times 13 Legal Analyses
Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO
Astra Pharmaceutical, v. Beckman Instruments
718 F.2d 1201 (1st Cir. 1983) Cited 155 times
Holding that temporary confusion regarding the association of salesmen from the plaintiff's company with the defendant was insufficient to raise a genuine issue of material fact
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"
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"
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.”
Torres v. Cantine Torresella S.R.L
808 F.2d 46 (Fed. Cir. 1986) Cited 52 times 3 Legal Analyses
Affirming TTAB's cancellation of trademark for fraudulently obtaining registration
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
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”
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,892 times 126 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
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"

Thomas and Linda Diak dba Dyakcraft (formerly Grafton Fibers) v. Crafts Americana Group, Inc.

20 Cited authorities

Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive

Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

Holding that temporary confusion regarding the association of salesmen from the plaintiff's company with the defendant was insufficient to raise a genuine issue of material fact

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

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"

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

Affirming TTAB's cancellation of trademark for fraudulently obtaining registration

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

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

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

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"