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CAFC Affirms's TTAB's "OUTDOOR KIDS" Cancellation Dismissal

In an eight-page, nonprecedential decision (here), the U.S. Court of Appeals for the Federal Circuit affirmed the TTAB's decision in Outdoor Kids, Inc. v. Parris Manufacturing Co., Inc., Cancellation Nos. 92045687 and 92046943 (March 9, 2009) [not precedential]. [TTABlogged here]. The Board dismissed Outdoor Kids' petition for cancellation of two registrations for the mark KID'S OUTDOORS & Design (shown below) for clothing and toys [KID'S OUTDOORS disclaimed]. Petitioner relied on its registration for the mark OUTDOOR KIDS for outdoor clothing and sporting goods for children [KIDS disclaimed] in alleging likelihood of confusion and dilution. Despite the facts that the goods are legally identical, are deemed to travel in the same trade channels, and are purchased by ordinary consumers exercising ordinary care, the Board found the differences between the marks and the weakness of Petitioner's mark to be sufficient to distinguish the two marks...continue to full post

Full post as published by The TTABlog on July 12, 2010 (boomark / email).