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ARTICLE · 07 SEPTEMBER 2021

Federal Circuit: FOCUSVISION Confusingly Similar To FOCUS

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Focusvision Worldwide, Inc. (FocusVision) appealed the TTAB's decision sustaining the opposition to the registration of its mark FOCUSVISION due to a likelihood of confusion with...

United StatesIntellectual Property
Daniel S. Stringer
Daniel S. Stringer
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Focusvision Worldwide, Inc. (FocusVision) appealed the TTAB's decision sustaining the opposition to the registration of its mark FOCUSVISION due to a likelihood of confusion with two FOCUS marks owned by Information Builders, Inc. (IBI). With its gaze focused on the factors set forth in In re E. I. DuPont de Nemours & Co., the Federal Circuit upheld the TTAB's determination that a likelihood of confusion existed between the marks FOCUSVISION, for services including “online access to software for use in collecting, storing, and sharing data from consumer surveys,” in Class 42, and FOCUS for goods including “computer programs for database management”, “computer software for database management,” and “computer database programs for use in connection with decision support, analysis, and reporting programs,” in Class 9.

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