Jack Wolfskin Ausrustung fur Draussen GmbH & Co., KGAA, v. New Millenium Sports, S.L.U.

Wolfskin applied to the Patent and Trademark Office to register a design mark consisting of an angled paw print for use with its clothing, footwear, and accessory products. New Millennium opposed the registration on the ground that Wolfskin’s mark would likely create confusion with its own registered mark. In response, Wolfskin filed a counterclaim for cancellation, alleging that New Millennium had abandoned its registered mark. The Trademark Trial and Appeal Board rejected Wolfskin’s cancellation counterclaim and sustained the opposition, refusing to register Wolfskin’s mark. The Federal Circuit agreed that New Millennium did not abandon its registered mark, but held that the Board incorrectly found a likelihood of confusion between the two marks because the Board failed to properly compare New Millennium’s mark as a whole to Wolfskin’s mark and failed to recognize, in light of the significant evidence of paw prints appearing in third-party registrations and usage for clothing, the relatively narrow scope of protection afforded to marks involving paw prints. View "Jack Wolfskin Ausrustung fur Draussen GmbH & Co., KGAA, v. New Millenium Sports, S.L.U." on Justia Law