TTABlog Test: Are Cell Phone Covers Related To Sunglasses Under Section 2(d)?

Oakley, Inc. opposed an application to register the mark FROGSKINS (standard characters) for "protective cover and cases for cell phones, laptop computers, tablet computers and portable media players," claiming a likelihood of confusion with its identical mark registered for "eyewear, namely sunglasses and accessories for sunglasses, namely, replacement lenses, ear stems and nose pieces." Because the marks are identical, a lesser degree of similarity between the goods is necessary to support a finding of likely confusion. But are the goods close enough? How do you think this came out? Oakley, Inc. v. JMM Lee Properties, LLC, Opposition No. 91231865 [not precedential] (Opinion by Judge Marc A. Bergsman).