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"LEGSTICK" Confusingly Similar to Famous "L'EGGS" Mark for Hosiery, Says TTAB

By John L. Welch

Essentially ruling that Applicant Amine Mahmoud had no leg to stand on, the Board sustained a Section 2(d) opposition to registration of the mark LEGSTICK for various clothing items, including hosiery and panty hose. It found the mark likely to cause confusion with the famous mark L'EGGS, registered and previously used for hosiery and panty hose. Sara Lee Corp. v. Mahmoud, Opposition No. 91162134 (December 27, 2007) [not precedential].The Board began its du Pont analysis by finding that the goods overlap, and therefore that the channels of trade and the classes of purchasers are presumably the same. Moreover, hosiery and panty hose are ordinary consumer items that are purchased without much deliberation. That took care of factors 2, 3, and 4...continue to full post

Full post as published by The TTABlog on January 10, 2008 (boomark / email).