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Test Your TTAB Judge-Ability: Are "CRUSSH" for Restaurant Services and "CRUSH" for Beverages Confusingly Similar?

In this consolidated opposition and cancellation proceeding, Dr. Pepper/Seven Up challenged Krush Global's right to register the mark CRUSSH in standard character and design form for restaurant, snack bar, and cafe services. Plaintiff alleged a likelihood of confusion with its registered mark CRUSH for non-alcoholic beverages. Sure the marks are close, but what about the goods and services? Dr Pepper/Seven Up, Inc. v. Krush Global Limited, Opposition No. 91180742; and Cancellation No. 920484461 (September 13, 2010) [not precedential].The Board found the word marks to be "highly similar," and it further deemed the word "CRUSSH" to be the dominant portion of the Defendant's design mark.The key issue, then, was the relatedness of the involved goods and services...continue to full post

Full post as published by The TTABlog on September 28, 2010 (boomark / email).