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Despite Applicant's Concession of Most duPont Factors, Including Fame, TTAB Grants 2(d) Summary Judgment Based on Differences in Marks

Despite Applicant's concession of most of the du Pont factors, including the fame of Opposer's BIG O and BIG FOOT marks for vehicle tires, parts and accessories, the Board granted summary judgment to 67 and Latham, LLC, finding confusion unlikely with the applied-for marks A BIG RIG RESORT and DANNY'S A BIG RIG RESORT for "retail store services featuring convenience store items and gasoline." Big O Tires, Inc. v. 67 and Latham, LLC, Oppositions Nos. 91178685 and 91178688 (November 18, 2008) [not precedential].Applicant contended that the first du Pont factor, the similarity or dissimilarity of the marks, outweighed all other factors. The Board agreed. It catalogued the marks' differences in sound and appearance, but found the "main difference" to be in their connotations:The word "big" is defined, inter alia, as "large or great in dimensions, bulk, or extent [a big house]; also large or great in quantity, number, or amount [a big fleet]...continue to full post

Full post as published by The TTABlog on December 04, 2008 (boomark / email).