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Posts Tagged ‘Confusion’

A Tale of Two Farm Boys

by Bruce Jobse

“Thumb’s Up” to the CAFC for last month’s precedential ruling in Odom’s Tennessee Pride Sausage, Inc. v. FF Acquisition, LLC. The role of the judiciary is to interpret the law and, hopefully, add some clarity to our decision-making processes with their respective rulings.  Well, we think the CAFC recently did just that when, rather than considering all thirteen factors of the traditional DuPont test for likelihood of confusion between two trademarks, the Court held that the issue of confusion can be determined solely by considering the visual similarities or dissimilarities of the respective marks.  At issue, on this appeal, was the likelihood of confusion between the two farm boy design marks indicated below:

Applicant’s applied-for farm boy mark

Opposer’s registered farm boy mark

Would you be confused that each of these marks identifies the same source of goods or services?  What specific visual items are different in each mark? You be the judge (an appellate judge, of course).  Read the rest of this entry »