In Re Viterra Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that emphasis on the literal portion of a mark “makes sense given that the literal component of brand names likely will appear alone when used in text and will be spoken when requested by consumers.”
• determining that “the verbal portion of a word and design mark likely will be the dominant por- tion”
• comparing XCEED versus X-SEED (stylized) and finding that “substantial evidence supports the Board’s determination that any minor differences in the sound of these marks may go undetected by consumers”
• finding Board entitled to rely on this legal presumption in determining likelihood of confusion
• “the verbal portion of a word and design mark likely will be the dominant portion”
• identical goods or services are presumed to travel in same channels of trade to same class of purchasers

Source: CourtListener parenthetical corpus (CC0).