Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

TTAB Enters Summary Judgment: "RED KAP" and "RED SNAP" for Clothing Too Dissimilar for Confusion or Dilution

The Board needed only ten pages to grant Respondent's summary judgment motion, ruling that Respondent's mark RED SNAP for various clothing items is not confusingly similar to, nor likely to dilute, the registered mark RED KAP for clothing. Imagewear Apparel Corp. v. Wings Manufacturing Corporation, Cancellation No. 92045101 (January 15, 2010) [not precedential].Petitioner Imagewear Apparel asserted that RED is "highly distinctive if not arbitrary in connection with clothing." Respondent disagreed, submitting evidence of many third-party uses of RED in connection with clothing. [The Board gave no weight to third-party registrations because of lack of evidence of actual use of the marks therein]. The Board found the term RED to be a weak formative in the clothing field...continue to full post

Full post as published by The TTABlog on January 21, 2010 (boomark / email).