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ARTICLE · 18 MARCH 2021

TTABlog Test: Are These Two Design Marks Confusingly Similar For Overlapping Clothing Items?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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Wolf Greenfield & Sacks

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Nfinity IP opposed Wooter,LLC's application to register the design mark shown below left, for various clothing items and sports bags, claiming a likelihood of confusion with its registered mark...

United StatesIntellectual Property

Nfinity IP opposed Wooter,LLC's application to register the design mark shown below left, for various clothing items and sports bags, claiming a likelihood of confusion with its registered mark shown below right, for overlapping goods. Since the goods are, in part, identical, the Board presumed that those goods travel in the same, normal channels of trade to the same classes of consumers. Although the goods are sold to ordinary consumers and are not limited to price point, the Board found this factor be neutral. [Not sure why - ed.]. But what about the marks? That's the crux of the matter. How do you think this came out?  Nfinity IP, LLC v. Wooter, LLC, Opposition No. 91241564 (March 9, 2021) [not precedential] (Opinion by Judge Linda A. Kuczma).

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