KUL STOOL for Portable Coolers Confusable with KÜHL for Water Bottles, Says TTAB

The Board sustained an opposition to registration of the mark KUL STOOL and Design for "Portable coolers, non-electric" [COOL STOOL disclaimed], concluding the confusion is likely with the registered mark KÜHL for "Water bottles sold empty; Empty water bottles for bicycles; Plastic water bottles sold empty; Reusable plastic water bottles sold empty." The Board found that the marks to be similar and that the goods closely related and marketed through overlapping channels of trade to overlapping classes of consumers. None of the DuPont factors favored the applicant. Alfwear, Inc. v. Kul Products LLC, Opposition No. 91290865 [not precedential] (Opinion by Judge Thomas L. Casagrande).

The Marks: Opposer's registration states that KÜHL translates to "cool" in English. The opposed application states that "KUL" also translates to "cool" in English. The Board not surprisingly found KUL to be the dominant element of applicant's mark since it is the first word in the literal portion of the mark.

Applicant argued that the umlaut over the “U” in KÜHL creates a visual and aural difference. The Board agreed that it creates a minor visual difference, but as to the sound of the mark, the Board noted that "there is no correct pronunciation of a trademark, and [a]bsent evidence in the record indicating that U.S. consumers pronounce KÜHL differently than they would pronounce KUL, we are not persuaded that these words sound different from one another."

The word STOOL in applicant's mark is generic or highly descriptive, since one of the functions of applicant's product, besides being a cooler, is to provide "a sturdy stool for seating."

The Board acknowledged the "minor" differences in the marks, but found the marks, overall, to be similar.

The Goods: Opposer submitted evidence that more than two dozen entities offer both applicant's and opposer's goods. "This amply shows substantial consumer exposure to nonelectric coolers and water bottles coming from the same source." Applicant feebly argued that the involved goods are different and can be told apart, and furthermore that its product doubles as a seat. Irrelevant, said the Board.

Based on the plentiful third-party use evidence, we find that the respective goods in the application and the goods in Registration No. 5931177 are closely related. In our final weighing of the relevant factors, this factor will count in favor of a conclusion that confusion is likely.

Trade Channels/Consumers: Opposer pointed to evidence that several online retail outlets offer both nonelectric portable coolers and water bottles. Furthermore, several third-parties offer their own-branded coolers and water bottles on their own websites. The Board found that the involved goods are offered in overlapping trade channels to overlapping classes of customers.

Purchaser Care: There were no limitations as to price in the registration or challenged application. The Board noted that some water bottles sell for more that some coolers. On the other hand, there was no evidence that these products are the type of goods generally subject to impulse-purchasing. The Board found this factor to be neutral.

Strength of Opposer's Mark: Due to lack of pertinent evidence from opposer, the Board found the fifth DuPont factor to be neutral. As to the sixth factor, applicant argued that there are numerous ‘COOL/KOOL/KUL’ marks on coolers/water bottles/clothing, but it provided no evidence in support.

The Board briefly discussed the eighth (lack of evidence of actual confusion), ninth (the variety of goods on which a senior user’s mark is used), tenth (the market interface between the parties), and eleventh (the extent to which applicant has a right to exclude others from use of its mark on its goods) DuPont factors and found them all to be neutral. As to the twelfth factor (the extent of potential confusion, i.e., whether de minimis or substantial), it found that "[w]here, as here, both parties’ products 'are the type of goods that would be marketed to and purchased by significant numbers of purchasers,' this factor will count a bit in favor of a conclusion that confusion is likely."

Conclusion: All of the non-neutral factors favored Opposer, and so the Board concluded that confusion is likely and it sustained the opposition.

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TTABlogger comment: Judge Casagrande's discussion of the import/purpose of several of the DuPont factors is worth reading.

Text Copyright John L. Welch 2026.