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ARTICLE · 27 JANUARY 2015

Caution Flag's Up, Racegirl!

Brinks Gilson & Lione
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Did the TTAB take a wrong turn on a precedential ruling in a likelihood of confusion case last month?

United StatesIntellectual Property
Scott Slavick
Scott Slavick
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On January 26, 2015 Scott Slavick's article, "Caution flag's up, Racegirl!," was published on InsideCounsel.

Did the TTAB take a wrong turn on a precedential ruling in a likelihood of confusion case last month? Perhaps, suggests Scott Slavick, in his latest piece on InsideCounsel.com. "Caution Flag's Up, Racegirl!" tackles the curious case of the Redneck Racegirl trademark, in In re Covalinski, Serial No. 85/685,983 (December 18, 2014).

When comparing subject marks in trademark confusion cases the literal portion of a word and design mark is generally argued to make a more significant impression on the consumer. But that's not always the case, said the TTAB in Covalinski—and reversed a USPTO Examiner in the process.

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