TTABlog Test: Are These Two Bird Design Marks Confusingly Similar for Clothing?
The TTABlog
DECEMBER 12, 2023
In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. 82 USPQ2d 1629, 1640 (TTAB 2007). Hard to swallow?
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