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Likelihood of Confusion › Trademark Registration › DuPont Factors

Haug Partners LLP

Federal Circuit Reverses TTAB Decision in Sunkist Growers, Inc. v. Intrastate Distributors, Inc.: Minor Variations Are Not Always...

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On July 23, 2025, the U.S. Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board’s (TTAB) dismissal of Sunkist Growers, Inc.’s (Sunkist) opposition to Intrastate Distributors, Inc.’s (IDI)...more

Knobbe Martens

Sunkist Squeezes Out a Win and Kisses Kist Goodbye!

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SUNKIST GROWERS, INC. v. INTRASTATE DISTRIBUTORS, INC. - Before Prost, Taranto, and Stark.  Appeal from the Trademark Trial and Appeal Board. The TTAB incorrectly found that similar trademarks created distinct commercial...more

Ladas & Parry LLP

VEUVE CLICQUOT v. VEUVE OLIVIER: TTAB Favours Petitioner as Respondent Defaults in Cancellation Action

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In MHCS v Les Grands Chais De France (Cancellation No 92075021, 8 March 2024), the Trademark Trial and Appeal Board (TTAB) has granted a petition for cancellation brought by viticulture giant MHCS against a mark owned by the...more

McDermott Will & Schulte

No Spark Here: TTAB Refuses to Register Similar Mark for Real Estate Services

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The US Court of Appeals for the Federal Circuit upheld the Trademark Trial & Appeal Board’s refusal to register a mark due to the “close similarity” between the applied-for mark and a previously registered mark. In Re:...more

BakerHostetler

Marks That Are Opposites Sometimes Attract Refusal of Registration

BakerHostetler on

When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. This was not the result in In re Sugar Free Specialties, LLC, Serial No. 90706411...more

Holland & Knight LLP

Federal Circuit Court Denies "Lehman Brothers" Trademark for Whiskey

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The U.S. Court of Appeals for the Federal Circuit on June 1, 2022, issued an order in favor of Barclays Capital Inc. (Barclays) in relation to its opposition to a trademark application for LEHMAN BROTHERS. The court affirmed...more

McDermott Will & Schulte

Drink Up, but Not with Lehman Brand

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In the context of an opposition proceeding, the US Court of Appeals for the Federal Circuit upheld a Trademark Trial & Appeal Board (Board) refusal to register a trademark based on likelihood of confusion with a famous but...more

Haug Partners LLP

In QuikTrip West., Inc. v. Weigel Stores, Inc., the Federal Circuit Clarifies the Importance of the First DuPont Factor in...

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In a January 8, 2021 decision affirming the United States Patent and Trademark Office Trademark Trial and Appeal Board’s (the “Board’s”) dismissal of appellant QuikTrip West, Inc.’s (“QuikTrip’s”) opposition to Weigel Stores,...more

Knobbe Martens

Where's the Beef? Establishing Fame in Trademark Disputes

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A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through...more

International Lawyers Network

Federal Circuit Reminds Us That Extrinsic Considerations Are Narrowly Construed in Trademark Matters

International Lawyers Network on

2018 saw a number of important trademark cases decided across the United States. Two cases illustrated the similarities between genericness analysis and one of the likelihood of confusion factors considered by the Trademark...more

Dorsey & Whitney LLP

DuPont Factors of Likely Confusion – Long Term Co-Existence Without Confusion Deserves Consideration by TTAB

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Recently, the Court of Appeals for the Federal Circuit vacated and remanded to the Trademark Trial and Appeal Board a decision on an ex parte appeal regarding a likelihood of confusion between the applicant’s mark GUILD...more

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