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Facebook, Inc. v. Think Computer Corporation

No. 91198355 (T.T.A.B. Jul. 23, 2013)
Facebook, Inc. v. Think Computer Corporation

23 Cited authorities

  1. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."

  2. 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"

  3. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 73 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"

  4. 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

  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. 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"

  7. U.S. v. Medina-Martinez

    396 F.3d 1 (1st Cir. 2005)   Cited 36 times   1 Legal Analyses
    In LaLonde v. Textron, 396 F.3d 1 (2004), the First Circuit held that a precipitous drop in the price of an employer's stock plus concealment of adverse information from shareholders was sufficient to show an abuse of discretion under Moench.

  8. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 26 times   3 Legal Analyses
    Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

  9. Kenner Parker Toys v. Rose Art Industries

    963 F.2d 350 (Fed. Cir. 1992)   Cited 51 times
    Holding that in light of the appearance, sound and meaning of the marks PLAY-DOH and FUNDOUGH, consumers may receive the "same commercial impression" from the marks

  10. Bose Corp. v. QSC Audio Products, Inc.

    293 F.3d 1367 (Fed. Cir. 2002)   Cited 35 times   2 Legal Analyses
    In Bose Corp. v. QSC Audio Prods., Inc., 293 F.3d 1367, 1375 (Fed.Cir.2002), this court held that the marks WAVE and ACOUSTIC WAVE have trademark strength independent of the Bose “house mark,” although the marks appear in the same sales literature.

  11. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,041 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  12. 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"