Juice Generation, Inc. v. GS Enters., LLC
The U.S. Court of Appeals for the Federal Circuit reversed a
refusal by the Trademark Trial and Appeal Board's (TTAB or
Board) to register the mark "PEACE LOVE AND JUICE" in
connection with juice bar services due to likelihood of confusion
with the registered mark "PEACE & LOVE" for use with
restaurant services. Juice Generation, Inc. v. GS Enters.,
LLC, Case No. 14-1853 (Fed. Cir., July 20, 2015) (Taranto,
J.).
Juice Generation, a New York City juice bar chain, applied for
registration of the mark "PEACE LOVE AND JUICE" in 2012.
GS Enterprises opposed the application, asserting likelihood of
confusion with GS's family of registered marks containing
"PEACE & LOVE." The Board sided with GS after
evaluating the 13 DuPont factors, concluding that
"PEACE LOVE," or the "dominant" portion of
Juice Generation's mark, was "virtually identical in
appearance and sound" to GS's "PEACE & LOVE"
mark. Juice Generation appealed.
