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CAFC Affirms TTAB's Dismissal of CITIBANK's Opposition to CAPITAL CITY BANK

The CAFC has affirmed the TTAB's decision in Citigroup Inc. v. Capital City Bank Group, Inc., 94 USPQ2d 1645 (TTAB 2010) [precedential] [TTABlogged here], ruling that the Board had properly applied the du Pont factors in dismissing Citibank's Section 2(d) opposition to registration of four standard character marks that include the phrase CAPITAL CITY BANK. Citigroup, Inc. v. Capital City Bank Group, Inc., Appeal No. 10-1369 (Fed. Cir. March 28, 2011) [precedential].Citibank dropped its dilution claim on appeal, and instead focused on the two du Pont factors that the Board decided in CCB's favor: the dissimilarity of the marks and the lack of actual confusion.Similarity of the marks: The appellate court ruled that substantial evidence supported the Board's factual finding that the CAPITAL CITY BANK marks and the mark CITIBANK are "dissimilar in appearance, sound, connotation, and commercial impression...continue to full post

Full post as published by The TTABlog on March 29, 2011 (boomark / email).