D10: Market Interfaces
Tipping the Balance Against Identical Marks with Detailed Consent Agreements
AMERICAN CONSTELLATION // CONSTELLATION
D10: Market Interfaces
Case briefs targeting the tenth DuPont factor, examining legal interactions between parties, such as formal trademark consent agreements, assignments, or histories of mutual tolerance.
2(d) Refusal Affirmed
Naked Consent Agreement Fails to Overcome Similarity of Marks and Identical Goods
GASPARILLA // GASPARILLA TREASURES
D10: Market Interfaces
Double Entendre Prevails Against Likelihood of Confusion Refusal
COUSABLANCA // CASABLANCA
2(d) Refusal Reversed
Deferring to the Marketplace: TTAB Reverses Section 2(d) Refusal Based on Prior Settlement
HOUSE OF PRIM // PRIM