Fame Is Fleeting, Especially For The TTAB

They say an elephant never forgets. The TTAB? Perhaps not so much. At least when it comes to its prior findings of fame on the same marks in later proceedings.

A finding of fame is an important factor when engaging in a likelihood of confusion analysis. As the TTAB has noted, "[w]hen a prior user's mark is found to be famous, this plays a significant role in the likelihood of confusion analysis because famous marks enjoy a broad scope of protection."

In the TTAB opposition and cancellation proceeding of Under Armour, Inc. v. Evade, LLC, Under Armour sought to cancel trademark registrations owned by Evade, and oppose Evade's applied for marks on the ground of likelihood of confusion with Under Armour's marks. In support of its claim of likelihood of confusion, Under Armor alleged that its mark UNDER ARMOUR was famous.