D6: Third-Party Uses
Crowded Field & Weak Mark Defeat Similar Goods in TTAB Opposition
BLUE EARTH // TRU EARTH
D6: Third-Party Uses
Case summaries analyzing the sixth DuPont factor, focusing on how extensive third-party trademark registrations and market use weaken both the conceptual and commercial strength of a cited mark.
D6: Third-Party Uses
Commercial Weakness Overcomes Relatedness of Services and Similarity of Marks
SYCAMORE GROWTH GROUP // SYCAMORE CAPITAL
D1: Similarity of Marks
Supplementary Terms and Shared Term Weakness Overcome 2(d) Refusal
REVIVERITE INSIDE! // REVIVE
D1: Similarity of Marks
Oversize Initialism & Suggestive Cited Mark Lead to Reversal of Section 2(d) Refusal
LBI LUXURY BRANDS INTERNATIONAL || LUXBRAND
D6: Third-Party Uses
Crowded Field & Consumer Awareness Mitigate Likelihood of Confusion
MISTER JUNETEENTH || MISS JUNETEENTH
D6: Third-Party Uses
How Conceptual Weakness and Mark Dissimilarity Overcome Identical Services at the TTAB
GHOST || GHOST
D6: Third-Party Uses
How Distinctive Connotations and Conceptual Weakness Can Overcome a Section 2(d) Refusal
GOOD TIMES // GOODE TIMES GUARANTEED
D2: Similarity of Goods or Services
Reversing 2(d) Refusals Via Evidentiary Failure and Conceptual WeaknessCA
CASA BLANCA // CASABLANA