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TTABlog Challenge: You Be The TTAB Judge!

Imagine yourself in the role of TTAB judge. You are considering the summary judgment motion filed by an Applicant seeking to register the mark shown to the right, for retail grocery store services. The Opposer claims that confusion is likely with the six registered marks shown below, for various food items, including sausage, barbequed pork, and various other swine-related products. How would you rule in Odom's Tennessee Pride Sausage, Inc. v. FF Acquisition, L.L.C., Opposition No. 91182173 (April 17, 2009) [not precedential]?In its terse six-page opinion, the Board granted the motion for summary judgment, finding that, even considering all other relevant du Pont factors in Opposer Odom's favor, the single factor of the dissimilarity of the marks was dispositive:While both parties? design marks consist of smiling boys wearing hats (and in some instances both waiving one hand), this is where the similarities end...continue to full post

Full post as published by The TTABlog on April 29, 2009 (boomark / email).