Trademark Review - Volume 2 | Issue 11 - November 2012


In This Issue:

• JOTS for Gelatin Shots Found Confusingly Similar to TOTT’S for Sparkling Wine

• Likelihood of Confusion Between DUB for Nutritional Supplements and DUB for Non- Alcoholic Energy Drinks

• The Applicant Cannot Rely on the Fashion Designer’s Place of Origin in the Context of Geographic Misdescriptiveness for the Sale of Fashion Accessories

- Excerpt from JOTS for Gelatin Shots Found Confusingly Similar to TOTT’S for Sparkling Wine:

E.&J. Gallo Winery successfully opposed registration of JOTS for gelatin shots mixed with distilled spirits or wine, on the grounds that there would be a likelihood of confusion with E.&J.’s mark TOTT’S for sparkling wine. The Trademark Trial and Appeal Board (“Board”) considered the two marks to be highly similar, noting the rhyming nature of the marks and the fact both were short monosyllabic words...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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