The Trademark Trail and Appeal Board erred in finding that there is no likelihood of confusion between Omaha Steaks International’s over two dozen registered marks, each containing the words “Omaha Steaks,” and Greater Omaha Packing Company’s applied for GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF mark (the Opposed Mark), the U.S. Court of Appeals for the Federal Circuit has ruled in a precedential opinion. The board erred in analyzing the fame of the registered marks, third-party usage, and similarity of the marks. The TTAB’s ruling was vacated and the case remanded for further proceedings (Omaha Steaks International, Inc. v. Greater Omaha Packing Co., Inc., November 15, 2018, Prost, S.).
Case date: 15 November 2018
Case number: No. 18-1152
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.