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CAFC Affirms TTAB's Decision in "ANTHONY'S" Pizza 2(d) Brouhaha

The U.S. Court of Appeals for the Federal Circuit has affirmed the TTAB's precedential ruling in Anthony?s Pizza & Pasta International, Inc. v. Anthony?s Pizza Holding Company, Inc., 95 USPQ2d 1271 (TTAB 2009) [precedential]. [TTABlogged here]. The Board found a likelihood of confusion between the marks ANTHONY'S PIZZA & PASTA and the mark shown below, both for restaurant services. The appellate court opined that the Board had correctly applied the du Pont factors and had properly considered Appellee's co-existence agreement with the owner of the registered mark ANTHONY'S PIZZA THE WORLD'S GREATEST. Anthony?s Pizza Holding Company, Inc. v. Anthony?s Pizza & Pasta International, Inc., Appeal No. 2010-1191 (Fed. Cir. November 18, 2010)...continue to full post

Full post as published by The TTABlog on November 18, 2010 (boomark / email).