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Parties Go ACR: TTAB finds "FREDERICK WILLIAM" and "FREDERICK WILDMAN logo" Not Confusingly Similar for Wine

The parties opted for the Board's Accelerated Case Resolution (ACR) process in this Section 2(d) opposition to the mark FREDERICK WILLIAM for various types of wine. Opposer Frederick Wildman claimed likely confusion with its registered logo mark shown below, for "wines." Applicant, appearing pro se, conceded priority and similarity of goods, but the Board agreed with him that the marks are so different as to warrant dismissal of the opposition. Frederick Wildman & Sons, Limited v. Frederick William Scherrer, Opposition No. 91191369 (September 30, 2010) [not precedential].The Board applauded the parties for choosing ACR, "as this appears to be an ideal set of facts for the selection of the streamlined process." The parties agreed to ACR at the discovery conference of October 5, 2009, had a bit of discovery, skipped testimony and notices of reliance, submitted their evidence as attachments to their briefs filed in March and April 2010, skipped oral argument, and received their decision in September 2010...continue to full post

Full post as published by The TTABlog on October 13, 2010 (boomark / email).