TTABlog Test: Is PLAYER EXCLUSIVE for Distilled Spirits Confusable with PLAYERS VODKA for Vodka?

The USPTO refused to register the proposed mark PLAYER EXCLUSIVE, in standard characters, for “Bourbon; Distilled spirits,” [EXCLUSIVE disclaimed], concluding that confusion is likely with the registered mark PLAYERS VODKA, in standard characters, for “vodka” [VODKA disclaimed]. Applicant Game Changer argued that the marks differ in meaning because the word "exclusive" shows that the goods sold under the mark will be special in some way, and further that a “player exclusive” is an item designed uniquely for a particular player, such a special basketball shoes made for a particular basketball player. How do you think this appeal came out? In re Game Changer Bourbon LLC, Serial No. 97934533 (April 15,2026) [not precedential] (Opinion by Judge George C. Pologeorgis).

The Marks: The first words in the marks are essentially identical, and the second words are disclaimed. "The first word, 'PLAYER(S),' is dominant in both marks and is more likely to be relied upon and remembered by consumers. The marks, considered in their entireties, look similar." They are also similar in sound: "It is likely that many consumers familiar with the cited mark may refer to the mark as simply PLAYERS when asking for the goods."

We also find the marks are similar in meaning and commercial impression. The shared use of the word “player” in both marks creates a common meaning. Consumers familiar with PLAYERS VODKA are likely to view PLAYER EXCLUSIVE for bourbon and other distilled spirits (which includes vodka) as a variation or extension of the PLAYERS VODKA mark. Many consumers will mistakenly conclude that these businesses operated under these marks are connected, perhaps thinking the new “exclusive” version is a business extension involving more exclusive or limited production goods.

As to Game Changer's aforementioned arguments, the Board found that "most consumers of Applicant’s bourbon and other distilled spirits are unlikely to connect these goods with custom-made basketball shoes." Moreover, "consumers familiar with the cited PLAYERS VODKA mark may view Applicant’s mark as a business extension, with Registrant extending its business from vodka to other exclusive distilled spirits."

"The marks are similar. The first DuPont factor supports the refusal."

The Goods: Since vodka is a distilled spirit, the goods overlap, and so the second DuPont factor strongly supports the refusal. The overlapping goods are presumed to travel in the same normal trade channels to the same classes of consumers, and so the third DuPont factor "also heavily favors a finding that confusion is likely."

Game Changer argued that its goods are very expensive and thus will be purchased with care. It submitted evidence confirming high prices for some of its goods (e.g., $4500 for a small bottle of Steph Curry endorsed bourbon). However, because the application contains no restrictions on the goods, it covers bourbon and distilled spirits sold at any price point. The Board found the fourth DuPont factor to be neutral.

Conclusion: "The marks are similar and the goods are identical in part. The identical in part goods are presumed to travel through the same trade channels and offered to the same classes of purchasers. The record supports the refusal. Confusion is likely."

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TTABlogger comment: WYHA? The "line extension" finding is another of the Boards's makeweight arguments. In the real world, do you think there would be any confusion?

Text Copyright John L. Welch 2026.