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ZAO Gruppa Predpriyatij Ost and ZAO Ost Aqua v. Vosk International Co.

No. 91168423 (T.T.A.B. Aug. 9, 2011)
ZAO Gruppa Predpriyatij Ost and ZAO Ost Aqua v. Vosk International Co.

40 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. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 72 times   4 Legal Analyses
    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"

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

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 45 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  4. 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.”

  5. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 73 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  6. 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"

  7. 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

  8. 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"

  9. Van Dyne-Crotty, Inc. v. Wear-Guard Corp.

    926 F.2d 1156 (Fed. Cir. 1991)   Cited 31 times   5 Legal Analyses
    Holding that the shorter phrase was not the legal equivalent of the longer mark

  10. Lincoln Logs Ltd. v. Lincoln Pre-Cut Log Homes, Inc.

    971 F.2d 732 (Fed. Cir. 1992)   Cited 26 times
    Stating that “a laches or estoppel defense in an opposition (or cancellation) proceeding may be based upon the Opposer's failure to object to an Applicant's registration of substantially the same mark ”

  11. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 47,928 times   332 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  12. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,335 times   86 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  13. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,598 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  14. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,846 times   134 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  15. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,671 times   154 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

  16. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,990 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  17. Rule 33 - Interrogatories to Parties

    Fed. R. Civ. P. 33   Cited 11,271 times   22 Legal Analyses
    Adopting Rule 30(b)

  18. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,325 times   53 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  19. Rule 609 - Impeachment by Evidence of a Criminal Conviction

    Fed. R. Evid. 609   Cited 4,535 times   15 Legal Analyses
    Adopting a ten-year time limit, absent unusual circumstances, on the use of prior convictions for impeachment purposes

  20. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 4,003 times   12 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay