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Here are three recent Board decisions in Section 2 d oppositions. I'm not giving any hints this time, so you're on your own. How do you think these cases turned out? LeVecke CorporationOpposition No.
Del Monte Foods, Inc. Yordan Bojidarov DabovOpposition No. Read comments and post your comment here.
How did you do? Text Copyright John L. Dale Earnhardt The CAFC pointed out that the Board had misread its decision In re Hutchinson by interpreting that decision to mean that the addition to a surname of a term that is capable of becoming distinctive i.
Not so, said the Board. How do you think this came out? Applicant argued that Rawlings' goods consist primarily of sporting apparel, while its goods are related to Richard Rawlings or his persona.
The Board was unmoved. First, nothing in the subject application excludes sporting apparel, and some of Rawlings' goods are not athletic apparel. Second, the inclusion of the exclusive language "all of the aforementioned goods bearing ornamental designs that associate the goods with the persona of Richard Rawlings or his businesses" in the subject application is insufficient to distinguish the involved goods.
Applicant argued that the marks engender different commercial impressions because the applied-for mark would be perceived by consumers as referring to Richard Rawlings, an allegedly famous TV reality show personality.
The Board noted, however, that "the fame of a junior party does not obviate a finding of likelihood of confusion. Likelihood of confusion is not necessarily avoided between otherwise confusingly similar marks merely by adding or deleting other distinctive matter. If an important portion of both marks is the same, as is the case here, then the marks may be confusingly similar notwithstanding some differences.
The Board found that the similarity between the marks weighs in favor of a finding of likelihood of confusion. Balancing the relevant du Pont factors, the Board found confusion likely and it affirmed the refusal.
What do you think?Careers.
A great company is created when people dream big, take risk and put forth the necessary effort to turn those dreams into reality.
Keating is such a company. Nov 21, · The Goods: Applicant argued that Rawlings' goods consist primarily of sporting apparel, while its goods are related to Richard Rawlings or his persona. The Board was unmoved.
First, nothing in the subject application excludes sporting apparel, and some of Rawlings' goods are not athletic apparel.
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