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Test Your TTAB Judge-Ability: Are These Two Fruit Designs Confusingly Similar?

Apple, Inc. opposed an application to register the design mark shown below left, claiming likelihood of confusion with its registered and famous mark shown below right, the marks being for legally identical goods and services. So how would you decide? Apple, Inc. v. Echospin, LLC, Opposition No. 91171592 (June 29, 2010) [not precedential].The Board began by finding the Apple logo to be a famous mark in light of Opposer's staggering revenue and advertising figures, extensive media coverage, and favorable survey results. It concluded that Apple "has shown significant market exposure, revenue, and overall fame amongst the relevant public."Of course, because the goods and services involved are legally identical, the Board must presume that they travel in the same channels of trade to the same prospective customers...continue to full post

Full post as published by The TTABlog on July 20, 2010 (boomark / email).