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TTAB Finds "ESCAPE" Confusingly Similar to "THE GREAT ESCAPE" for Golf Clubs

Applicant King Par got roughed up in its attempt to escape a Section 2(d) refusal of the mark ESCAPE for golf clubs. The Board affirmed the refusal, finding the mark likely to cause confusion with the registered mark THE GREAT ESCAPE, also for golf clubs. It turns out that King Par probably chose the wrong course for its challenge. In re King Par Corporation, Serial No. 77488735 (September 14, 2010) [not precedential].The underlying factual scenario is rather interesting. King Par had a registration for the mark ESCAPE for golf clubs, and it blocked the application that ultimately resulted in registration of THE GREAT ESCAPE. The applicant for THE GREAT ESCAPE appealed, arguing no likelihood of confusion, but while the appeal was pending, King Par's prior, blocking ESCAPE registration was cancelled for failure to renew...continue to full post

Full post as published by The TTABlog on September 29, 2010 (boomark / email).