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CAFC Affirms TTAB Summary Judgment in 2(d) Farm Boy Design Dispute

In a precedential ruling, the U.S. Court of Appeals for the Federal Circuit affirmed the TTAB's decision granting summary judgment in Odom's Tennessee Pride Sausage, Inc. v. FF Acquisition, L.L.C., Opposition No. 91182173 (April 17, 2009) [not precedential]. [TTABlogged here]. The Board had found Applicant FF's mark shown to the right, for retail grocery store services, not confusingly similar to the six registered marks shown below, for various food items, including sausage, barbequed pork, and various other swine-related products. Odom's Tennessee Pride Sausage, Inc. v. FF Acquisition, L.L.C., Appeal No. 2009-1473 (March 19, 2010). [mp3 of oral argument here].The court agreed with the Board that "even if all other relevant DuPont factors were considered in Odom?s favor, ...continue to full post

Full post as published by The TTABlog on March 22, 2010 (boomark / email).