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Test Your TTAB "Eyeball"-Ability on Two Eagle Design Marks for Clothing

The Board focused its eagle eyes on the two design marks shown below, Applicant's mark shown on the left and Opposers' on the right, both for various clothing items. Applicant S.A.S.C.O. Trading claimed the color red for its mark, while Opposers did not claim any color for theirs. How would you decide this Section 2(d) opposition? Retail Royalty Company and American Eagle Outfitters, Inc. v. S.A.S.C.O. Trading Inc., Opposition No. 91173803 (July 10, 2009) [not precedential].The goods of the parties were in part identical and the trade channels and classes of purchasers overlapped. The goods are relatively inexpensive and are purchased without a great deal of care. All of these du Pont factors weighed in Opposers' favor. There was no evidence of actual confusion (a neutral factor here), and no evidence of use of any third-party eagle marks in the clothing field...continue to full post

Full post as published by The TTABlog on July 31, 2009 (boomark / email).