Thursday, November 19, 2020

TTABlog Test: Is DIMOND for Bicycle Frames Confusable with DIAMOND for Bicycle Chains?

The USPTO refused registration of the mark DIMOND for "bicycle frames, not including bicycle parts," finding a likelihood of confusion with the registered mark DIAMOND (in standard character and stylized form), owned by the same entity, for “bicycle chains." Applicant Ruster Sports contended that the fact that the goods are sold in the same industry is an insufficient relationship for likelihood of confusion. How do you think this came out? In re Ruster Sports, LLC, Serial No. 88011946 (November 16, 2020) [not precedential] (Opinion by Judge Elizabeth A. Dunn).

The Board found that the term DIMOND is likely to be perceived as a misspelling of DIAMOND. As to the goods, the evidence showed that "bicycle chains and bicycle frames both are necessary parts of any bicycle, and available to the same end consumers, cyclists/bicycle owners, through some of the same channels of commerce, namely stores that specialize in bicycles and parts therefor." And so the Board found confusion likely and it affirmed the refusal.

Read comments and post your comment here.

TTABlogger comment: Is this a WYHA?

Text Copyright John L. Welch 2020.

3 Comments:

At 10:53 AM, Anonymous Tom Galvani said...

I am a triathlete and have known of the Dimond bikes for about 10 years. They are high-end tri bikes developed by a pro triathlete in Tucson. They are quite expensive and quite niche. How niche? For a while, one of their marketing campaigns was looking at bike leg split times from recent triathlons and contacting the faster athletes to introduce them to the company. Small and specialized with a very, very specific and limited set of customers. I've never heard of the Diamond chain company in 30 years of riding bikes. Of course, they have the registration, but I wonder what efforts were made - before appealing the Examiner's decision - to contact the chain company and work out some sort of coexistence agreement.

 
At 2:25 PM, Blogger Unknown said...

Duh.

 
At 11:46 PM, Blogger Seth Gardenswartz said...

Dimondback?

 

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