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"B.V.D." and "DVD EMPIRE" Confusingly Similar for Clothing? No Way!

By John L. Welch

Way! The Board sustained a Section 2(d) opposition to registration of the mark DVD EMPIRE for shirts, finding it likely to cause confusion with the marks B.V.D. and BVD, registered for underwear, t-shirts, shirts, and shorts. B.V.D. Licensing Corp. v. Right Ascension, Inc., Opposition No. 91169355 (December 14, 2007) [not precedential].DVD EMPIRE specimenNeither party took testimony in this hardly-fought opposition. In fact, Applicant submitted no evidence at all and did not file a brief.The Board began with the fame factor, because that factor plays "a dominant role" in the du Pont analysis. The evidence showed that Opposer has widely advertised its mark for decades, and has benefited from endorsements by such celebrities as Chubby Checker, Wilt Chamberlain, and Milton Berle...continue to full post

Full post as published by The TTABlog on December 19, 2007 (boomark / email).