Wednesday, November 19, 2014

Test Your TTAB Judge-Ability on these Three Section 2(d) Appeals

I once heard a TTAB judge state that the outcomes of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods/services, without more. Try your adjudicatory skills on these three recently decided appeals, keeping in mind that, by my estimate, about 85% of Section 2(d) refusals are affirmed by the Board. [Answer in first comment].

In re Wildgame Innovations, LLC, Serial No. 85651686 (November 17, 2014) [not precedential]. [Refusal to register the mark FLEXTONE GAME CALLS DIRTY LIL’ HEN for "hunting game calls" [GAME CALLS and HEN disclaimed] in view of the registered mark DIRTY LITTLE DOE, also for hunting game calls [DOE disclaimed].

In re SuperShuttle International, Inc., Serial No. 85765129 (November 14, 2014) [not precedential]. [Refusal to register MyECar, in standard character form, for "transportation services, namely, airport ground, charter, and door-to-door transportation services of passengers by motor vehicles, and not car leasing or reservation services for vehicle rental," in view of the mark ECAR, registered for vehicle leasing, rental, and reservations services, and for automobile dealership services.

In re Brar Business Enterprises, Serial No. 85641460 (November 13, 2014) [not precedential]. [Refusal to register SLICE OF ITALY for "bar services, restaurant services, restaurants featuring home delivery; take-out restaurant services" [ITALY disclaimed], in view of the registered mark A LITTLE SLICE OF ITALY for pizza.]

Read comments and post your comment here.

TTABlog query:  How did you do? Any WYHAs here?

Text Copyright John L. Welch 2014.


At 7:01 AM, Blogger John L. Welch said...

All three affirmed.

At 7:36 AM, Anonymous Anonymous said...


At 8:23 AM, Anonymous Stefan V. Stein said...

From years ago, how about Greased Lightning for motor oil versus Greased Lightning for household cleaners?

Both had their own Greased Lightning NASCAR and the household cleaner was advertised for cleaning whitewall tires.

TTAB decision - no confusion. Yea!


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