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On Remand, TTAB Again Finds GREATER OMAHA Not Confusable with OMAHA STEAKS for Meat

Nearly two years ago, the CAFC vacated (and remanded) the TTAB's  decision in Omaha Steaks International, Inc. v. Greater Omaha Packing Co., Opposition No. 91213527 [TTABlogged here], in which the Board found the mark GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF & Design (shown below) for "meat, including boxed beef primal cuts" not likely to cause confusion with the registered mark OMAHA STEAKS for meat. The appellate court ruled that the Board's analysis regarding the fame of the OMAHA STEAKS mark was "legally flawed," and that the Board's consideration of third-party uses "improperly relied on marks found on dissimilar goods and services not directed to the relevant public." [TTABlogged here]. On remand, the TTAB has again dismissed the opposition, finding confusion not likely...continue to full post

Full post as published by The TTABlog on October 05, 2020 (boomark / email).