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WYHO? TTAB Finds "GORILLA LOFT" Not Confusingly Similar to "HYLOFT" for Storage Racks and Shelving

Would You Have Opposed? Opposers asserted that Applicant's mark GORILLA LOFT for storage racks and shelving would likely cause confusion with, and would likely dilute, their registered mark HYLOFT for shelving and storage racks and related retail store services. The Board disagreed. What do you think was the decisive du Pont factor? HyLoft, Inc. and KE Investments, Inc. v. Rapid Rack Industries, Inc., Opposition No. 91187636 (October 7, 2010) [not precedential].The Board first dealt with several evidentiary matters, sustaining an objection to Opposer's rebuttal testimony because it should have been part of their case-in-chief, refusing to consider several declarations submitted by Opposers via notice of reliance, but accepting several late-filed testimony transcripts of Applicant...continue to full post

Full post as published by The TTABlog on October 28, 2010 (boomark / email).