Raw Statistics Used to Prove “Famous” Trademark Require Context

In a recent Trademark Trial and Appeal Board (TTAB) opposition proceeding filed by the owner of the trademark AMERICA’S NEXT TOP MODEL, the well-known reality show, one of the issues concerned the opposer’s claim that its trademark was “famous.”  A declaration that the mark is famous entitles the mark to a broader scope of legal protection. In support of its allegation, the opposer offered evidence that:

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Trademarks’ Conflict-Free Co-Existence is Factor in Analyzing Likelihood of Confusion

Two trademarks that coexisted, conflict-free, for seventeen years prior to a recent trademark opposition proceeding presented no likelihood of confusion under the du Pont test, according to the Trademark Trial and Appeal Board (TTAB). ProMark Brands, Inc. (“ProMark”) sought to register its trademark, SMART BALANCE, for, among other things, frozen foods.  GFA Brands, Inc. (“GFA”) opposed that registration, arguing SMART BALANCE presented a likelihood of confusion with its previously registered trademark, SMART ONES, also for frozen foods.

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