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"HAIR OF THE DOG" and "LES CHEVEUX DU CHIEN" for Clothing Not Confusingly Similar, Says TTAB

In an interesting application of the doctrine of foreign equivalents, the Board reversed aSection 2(d) refusal of the mark HAIR OF THE DOG for "clothing, namely, shirts, t-shirts, pants, shorts, headwear, hats, socks, sleepwear and dresses," finding it not likely to cause confusion with the registered mark LES CHEVEUX DU CHIEN "for custom manufacture of clothing, personal accessories in the nature of jewelry, stoles, scarves, linens, and home décor items." The Board found the mark "clearly different in appearance and pronunciation," and further that the marks would not be understood "as having the same idiomatic meaning." In re Innovative Technologies Corp. of America, Inc., Serial No. 78691831 (September 15, 2008) [not precedential].The cited registration contains a translation of the mark as HAIR OF THE DOG...continue to full post

Full post as published by The TTABlog on September 26, 2008 (boomark / email).