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TTAB Finds "KID'S OUTDOORS" & Design Not Confusingly Similar to "OUTDOOR KIDS," Both for Clothing

Petitioner Outdoor Kids, Inc. was tossed off the TTAB teeter-totter when it sought to cancel two registrations for the mark KID'S OUTDOORS & Design (shown below) for clothing and toys [KID'S OUTDOORS disclaimed]. Petitioner relied on its registration for the mark OUTDOOR KIDS for outdoor clothing and sporting goods for children [KIDS disclaimed] in alleging likelihood of confusion and dilution. Despite the facts that the goods are legally identical, are deemed to travel in the same trade channels, and are purchased by ordinary consumers exercising ordinary care, the Board found the differences between the marks and the weakness of Petitioner's mark to be sufficient to distinguish the two marks. Outdoor Kids, Inc. v. Parris Manufacturing Co...continue to full post

Full post as published by The TTABlog on March 17, 2009 (boomark / email).