Likelihood-Of-Confusion Analysis Was Improper, Federal Circuit Says
(August 20, 2015, 11:42 AM EDT) -- WASHINGTON, D.C. — Although the Trademark Trial and Appeal Board correctly found that a paw print design mark was not abandoned, it erred in holding that a proposed “nonhuman paw print” mark would create a likelihood of confusion, the Federal Circuit U.S. Court of Appeals ruled Aug. 19 (Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports S.L.U., No. 14-1789, Fed. Cir.).
(Decision available. Document #16-150901-008Z.)
According to the appellate panel of Circuit Judges Alan D. Lourie, William C. Bryson and Raymond...