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· 2/9/2005

Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772

Citations

  • 396 F.3d 1369
  • 73 U.S.P.Q. 2d (BNA) 1689
  • 2005 U.S. App. LEXIS 2020
  • 2005 WL 295745

How courts have described this case

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

  • explaining that likelihood of confusion fame “varies along a spectrum from very strong to very weak”
  • addressing evidence of third-party marks similar to a registered mark to assess the strength of that mark
  • finding the term VEUVE was the “‘prominent feature’ as the first word in the mark and the first word to appear on the label”
  • finding similarity between VEUVE ROYALE and two VEUVE CLICQUOT marks in part because VEUVE \remains a 'prominent feature' as the first word in the mark and the first word to appear on the label\
  • finding the same “first word in both parties’ marks renders the marks similar, especially in light of the largely laudatory (and hence non-source identifying) significance” of the other word in applicant’s mark
  • strong marks “enjoy wide latitude of legal protection” and are “more attractive as targets for would-be copyists”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Rader, Prost

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.