No Kitchen Confusion: When Comparing Marks, the Trademark Board Can Give Less Weight to Shared Terms if the Terms Are Suggestive or Descriptive
By EsqSocial Corporation 14/01/21
QUIKTRIP WEST, INC. V. WEIGEL STORES, INC. Before Lourie, O’Malley, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: When comparing marks under the Dupont factors, the Board may give less weight to shared terms that are highly suggestive if not descriptive. Further, a party’s willingness to alter its mark multiple times to prevent customer confusion demonstrates a lack of bad faith....
By: Knobbe Martens