TTAB Sustains Chicago Cubs' Opposition to a "C" Design for Clothing Items

Having grown up on the South Side of Chicago, not far from Comiskey Park, I never like to see the Cubs win at anything. Alas, the Northsiders successfully opposed an application to register the "C" design mark shown to the right, for various clothing items, on the ground of likelihood of confusion with the Cubs' registered "C" logos for baseball games and exhibition services and a variety of  goods, including clothing. Chicago Cubs Baseball Club, LLC v. The CRATE Inc., Opposition No. 91242453 (July 19, 2022) [not precedential] (Opinion by Judge Angela Lykos).

 

The Board focused its analysis on the mark depicted in the upper left hand corner above, which is registered for clothing items. It found the involved goods to be identical or overlapping. [Strike one]. Since there were no restrictions in the registration or application, the Board must presume that these items travel in the same channels of trade to the same classes of consumers. [Strike two]. And it found the marks to be highly similar in appearance, sound, connotation, and commercial impression. [Strike three].

The actual channels of trade for the parties goods do not overlap, and so there was no reasonable opportunity for actual confusion to occur. [No pitch]. Finally, for what it's worth, the Cubs failed to prove that applicant adopted its mark in bad faith. [Ball one].

And so the Board sustained the opposition.

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TTABlogger comment: The Board declined to reach the Cubs' false association and dilution claims, which seemed liked losers to me. Do you think confusion is likely in the real world?

Text Copyright John L. Welch 2022.