Decisions · du Pont factor

Factor 13: Any other established fact probative of the effect of use

8 of the 38 records in this library that code du Pont factors carry a finding on this factor. A finding may be neutral, weigh for or against confusion, or drive the result; each row shows the coded weight and what the Board found. Read the guide to this factor →

Decision	Result	Weight	What the Board found
Major League Baseball Players Association v. Michael P. Chisena 2023 · HERE COMES THE JUDGE (standard characters, Serial No. 87528440)	The Board sustained the MLBPA's opposition and refused registration of Michael Chisena's…	Neutral	Untimely reply-brief bad-faith argument not weighed, though the record negated Applicant's good-faith protestations.
Major League Baseball Players Association v. Michael P. Chisena 2023 · ALL RISE (standard characters, Serial No. 87528414)	The Board sustained the MLBPA's opposition and refused registration of Michael Chisena's…	Neutral	Untimely reply-brief bad-faith argument not weighed, though the record negated Applicant's good-faith protestations.
Major League Baseball Players Association and Aaron Judge v. Michael P. Chisena 2023 · Design mark: a gavel and the scales of justice, each end supporting a baseball, superimposed over the outline of a baseball field (Serial No. 87643089)	The Board sustained the MLBPA's and Aaron Judge's joint opposition and refused…	Neutral	Untimely reply-brief bad-faith argument not weighed, though the record negated Applicant's good-faith protestations.
In re Country Oven, Inc. 2019 · COUNTRY OVEN	The Board affirmed refusal of the identical mark COUNTRY OVEN for retail and custom…	Neutral	The USPTO's issuance of the applicant's prior registrations did not weigh against confusion.
In re Inn at St. John's, LLC 2018 · 5IVE STEAKHOUSE and design (the wording "5ive" in stylized letters, set above the design of an intersecting fork and knife, all set above the word "Steakhouse"; "Steakhouse" disclaimed)	The Board found 5IVE STEAKHOUSE (with a fork-and-knife design) for restaurant and bar…	Neutral	The applicant's earlier registration was a neutral consideration.
In re FCA US LLC 2018 · MOAB	Refusal upheld	Neutral	The district court's no-confusion finding in earlier litigation involved a different mark and was neither preclusive nor persuasive here.
In re USA Warriors Ice Hockey Program, Inc. 2017 · USA WARRIORS ICE HOCKEY NONE TOUGHER and design [The mark consists of the wording "USA WARRIORS ICE HOCKEY NONE TOUGHER" and a design. The wording "USA WARRIORS ICE HOCKEY" appears inside the outline of a rectangle. The wording "USA" in a stylized font, with two stripes appearing below the "US", and a five-pointed star appearing inside the "A", creating the impression of a waving flag. Below the rectangle appears the design of a shield with a five-point star inside. Inside the star appears a sled hockey player, lying on a sled and holding a hockey stick in each hand. The hockey player is wearing a jersey with "USA" appearing in the same stylization as above. The wording "NONE TOUGHER" appears in the shield below the star.] ("USA" and "Ice Hockey" disclaimed; color not claimed)	Registration refused	Favored Refusal	The applicant's older near-identical registration had coexisted with the cited marks for only about 3½ years — less than five years — so, unlike the case it relied on, that registration was still cancellable and the coexistence did not outweigh the other factors.
In re Allegiance Staffing 2015 · ALLEGIANCE STAFFING	Refusal reversed	Dispositive — Favored Applicant	The applicant's prior identical registration coexisted with eight ALLEGIS registrations for eleven years, showing the Office itself long saw no conflict.

Counts describe this curated library as of its coding date, not all TTAB decisions. Consolidated proceedings can appear once per application.

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