TTAB Test: Are These Barbeque Grills Confusingly Similar?

The USPTO refused registration of the product configuration mark shown below left, for "barbeque grills," finding the design confusingly similar to the registered mark shown below right, for "outdoor cooking grills." Applicant argued that the du Pont factors regarding the similarity of the goods and the similarity of the channels of trade should be given little probative value, since the involved goods are barbeque grills and will necessarily be similar in those regards. How do you think this came out? In re All Seasons Feders, Ltd., Serial No. 86699952 (September 6, 2017) [not precedential] (Opinion by Judge Thomas Shaw).

Because the goods are legally identical, they are presumed to travel in the same, normal trade channels to the same, normal classes of purchasers. Applicant maintained that these factors should be given little weight because, in product configuration cases, the goods are necessarily  the same, as are the trade channels and customers. The