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Precedential No.13: Divided TTAB Panel Dismisses "VIGILANZ" Opposition, Finding Purchasers Sophisticated and Goods Not Related

In a 55-page decision that includes a 12-page dissent, the TTAB dismissed a Section 2(d) opposition to registration of the mark VIGILANZ for "near real-time computer monitoring system comprised of a software application and database that anticipates and detects possible adverse drug events, and alerts healthcare providers to adverse drug events." The majority found that, despite the niche fame of Opposer's registered mark VIGILANCE for "heart monitors" and the similarity between the marks, likelihood of confusion with the registered mark was de minimis in view of the differences in goods, channels of trade, and classes of customers and the sophistication of the purchasers. Edwards Lifesciences Corporation v. VigiLanz Corporation, Opposition No...continue to full post

Full post as published by The TTABlog on April 20, 2010 (boomark / email).