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Mueller's Bests Barilla in TTAB 2(d) Food-Fight Over "AMERICA'S FAVORITE PASTA"

The Italian company, Barilla, was foiled in its attempt to register the mark BARILLA - AMERICA'S FAVORITE PASTA for pasta [AMERICA'S FAVORITE PASTA disclaimed]. The Board sustained a Section 2(d) opposition brought by the successor to Mueller's, finding Barilla's mark likely to cause confusion with Opposer's common law mark AMERICA'S FAVORITE PASTA for the same goods. American Italian Pasta Co. v. Barilla Alimentare S.p.A., Opposition No. 91161373 (May 13, 2008) [not precedential].The simmering battle between Mueller's and Barilla over the mark AMERICA'S FAVORITE PASTA finally came to a boil before the TTAB. Newcomer Barilla had become the highest selling brand of pasta in the United States by the early 2000s, which motivated Barilla to seek registration of the subject mark...continue to full post

Full post as published by The TTABlog on May 16, 2008 (boomark / email).