The USPTO properly refused to register ARTISAN NY for clothing because, like the registered mark ARTESANO NEW YORK CITY, the proposed mark conveyed the impression of clothing made by skilled tradespersons in New York.
Substantial evidence supported the USPTO’s refusal to register the mark ARTISAN NY, for clothing, on likelihood of confusion grounds, the U.S. Court of Appeals for the Federal Circuit has held. Despite minor distinctions in spelling and pronunciation between the proposed mark and the previously registered mark ARTESANO NEW YORK CITY, for similar goods, the overall commercial impression of both marks was that of clothing made by skilled tradespersons in New York. In addition, any weakness of the individual terms ARTISAN/ARTESANO and NY/NEW YORK was insufficient to demonstrate that the combination ARTESANO NEW YORK CITY was weak and entitled to limited protection (In re JS ADL, LLC, July 11, 2019, Lourie, A.).
Case date: 11 July 2019
Case number: No. 2018-2017
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Trademark Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
