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Despite Strength of "ALARIS" and Identity of Marks, Board Dismisses 2(d) Proceedings Due to Lack of Evidence that Medical Goods/Services are Related

Opposer Cardinal Health went one-for-five in this consolidated Section 2(d) proceeding, leaving one to wonder regarding Cardinal's evidence, "is that ALARIS?" [Get it? Is that all there is? LOL - ed.]. Cardinal claimed likelihood of confusion between its registered mark ALARIS for various medical products and related repair and rental services, and Defendant's marks ALARIS SELECT, ALARIS ADVANTAGE, and ALARIS for medical consulting services and franchising services in the field of medical and vocational rehabilitation primarily in the workers compensation industry, and the mark ALARISWARE for computer software used in the field of medical consulting. The Board agreed with Cardinal only as to the last mark. Cardinal Health 303, Inc. v. The Alaris Group, Inc...continue to full post

Full post as published by The TTABlog on January 25, 2011 (boomark / email).