MAYA And MAYARI Are Not Confusingly Similar When Used On Wine

The Federal Circuit has upheld the findings of the Trademark Trial and Appeal Board that use of the marks MAYA and MAYARI on wine is not likely to cause confusion. Oakville Hills Cellar, Inc. vs. Georgallis Holdings, LLC, Case No. 2016-1103 (Fed. Cir. June 24, 2016). The court concluded that there was substantial evidence to support the Board's finding that the marks were sufficiently dissimilar in appearance, sound, meaning and commercial impression to avoid likely confusion, despite the fact that they were used on virtually identical products which would be sold to similar customers in similar channels of trade.

The Board had held that MAYA was a word with an established meaning, whereas MAYARI would not be perceived by the average consumer as having any particular meaning. It disagreed that the esoteric meanings associated with the MAYARI mark would be recognized by the average consumer, and determined that most consumers would perceive MAYA as a female personal