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Precedential No. 46: TTAB Finds Two "ANTHONY'S" Marks Confusingly Similar for Pizza Restaurants

Sustaining a Section 2(d) opposition and granting a petition for cancellation, the Board found the mark ANTHONY'S COAL-FIRED PIZZA, in standard character and design form (below), for "restaurant services, namely, eat-in and take-out coal oven pizza and other items" [COAL-FIRED PIZZA disclaimed] likely to cause confusion with the registered mark ANTHONY'S PIZZA & PASTA for restaurant services [PIZZA & PASTA disclaimed]. Despite the demonstrated weakness of "Anthony's" as a formative, the Board concluded that the other slices of the du Pont pie outweighed the weakness wedge. Anthony?s Pizza & Pasta International, Inc. v. Anthony?s Pizza Holding Company, Inc., Opposition No. 91171509 and Cancellation No. 92045956 (November 10, 2009) [precedential]...continue to full post

Full post as published by The TTABlog on November 12, 2009 (boomark / email).