Substantial evidence supported the Board’s likelihood of confusion finding.

Substantial evidence supported the Trademark Trial and Appeal Board’s finding that registration of the mark FOCUSVISION for software and data management services was likely to cause confusion with previously registered marks FOCUS for software and database management services, the U.S. Court of Appeals for the Federal Circuit has determined. The opposer’s FOCUS mark was commercially strong, the parties’ marks were similar, and would be used on overlapping services. Evidence of third-party use of similar marks was “thin” (FocusVision Worldwide, Inc. v. Information Builders, Inc., June 14, 2021, Taranto, R.).

Case date: 14 June 2021
Case number: No. 20-2054
Court: United States Court of Appeals, Federal Circuit

A full summary of this case has been published on Kluwer IP Law.


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