David Lilenfeld Blog The intellectual property blog of David Lilenfeld


Trademark Office: FAVAZZA’S Is Confusingly Similar to LAVAZZA

By David Lilenfeld on February 22, 2016

Favazza’s, Inc. seeks registration on the trademark FAVAZZA’S for bar, catering, and restaurant services. Luigi Lavazza S.p.A. opposed registration of Favazza’s trademark on the ground of likelihood of confusion with the registered trademark LAVAZZA for coffee shops, bars, restaurants, cafeterias, pubs and catering services. 

The main argument made by the applicant is that because LAVAZZA is a family name and registered under Section 2 (f) it is “not entitled to the broad scope of protection reserved for arbitrary and fanciful marks.” Just because LAVAZZA could be a surname does not automatically weaken or narrow the scope of protection for opposer’s LAVAZZA trademark. The Trademark Trial Appeal Board recognized that opposer’s trademark was registered under Section 2 (f) but noted that the trademark is still “entitled to the same trademark protection as any other validly registered trademark.”

Applicant agreed that the services provided by the trademark FAVAZZA’S and the trademark LAVAZZA are identical and are in the same channels of trade to the same classes of consumers who exercise merely ordinary care in their buying decisions. These factors weigh heavily in favor of a finding of likelihood of confusion.

The factors set out in In re E. I. du Pont, 177 USPQ at 567 provide a framework for analyzing likelihood of confusion. The first du Pont factor is similarity or dissimilarity of the trademarks. Applicant argued that customers would know the trademark as Italian surnames that can easily be differentiated. The Trademark Trial Appeal Board, however, disagreed and held the trademarks to be “visually similar because they both contain AVAZZA and there is little, if any, trademark significance in the addition of the apostrophe and letter “S” in applicant’s trademark.” When the trademarks are compared as a whole, they are very similar in both appearance and sound. The slight differences are not enough to distinguish the trademarks from one another.

Regarding connotation, it is unclear whether customers would give meaning to the trademarks or view the trademarks as invented Italian words or surnames. The Trademark Trial Appeal Board found it unlikely that customers would regard one trademark as a surname and the other trademark as an invented Italian word. Hence, the Trademark Trial Appeal Board found the trademarks similar in sound, appearance, connotation and commercial impression. 

Opposer argued that its LAVAZZA trademark is famous but failed to provide sufficient evidence to support this claim.  It failed to prove what portion of its sales figures were attributable to restaurant services or what portion of its sales figures related to sales under the trademark LAVAZZA alone.

The last few du Pont factors are the nature and extent of any actual confusion and the length of time during and conditions under which there has been concurrent use without evidence of actual confusion. Applicant noted a lack of actual confusion of the trademarks despite coexisting with each other for between 30 and 35 years. However, because of the lack of evidence supporting opposer’s use of the LAVAZZA trademark, the Trademark Trial Appeal Board was unable to decipher whether there had been a meaningful opportunity for actual confusion.

In light of the relevant du Pont factors, the Trademark Trial Appeal Board found confusion likely and sustained the opposition to the trademark FAVAZZA’S.

Comments (6211) Trackbacks (182)
  1. Eutzypp http://medspublic.com viagra prescription online

  2. tadalafil cialis cialis 40 mg original cialis generico precio farmacia españa para cuando cialis generico en españa

  3. cialis diaria precio precio cialis en andorra precio farmacia cialis 5 mg que dosis de cialis tomar

  4. I’m impressed, I have to admit. Seldom do I encounter a blog
    that’s equally educative and engaging, and without a doubt, you’ve hit the nail on the head.

    The problem is something which not enough folks are speaking intelligently about.
    I’m very happy that I stumbled across this during my hunt for something regarding this. http://hydroxychloroquined.online/

  5. what is hydrochloroquine cloroquine protein hydroxychloroquine 200 mg tab

  6. I am really impressed with your writing skills as well as with the layout on your blog.
    Is this a paid theme or did you modify it yourself?
    Either way keep up the excellent quality writing, it’s rare
    to see a great blog like this one these days. https://canadiandrugstorerx.com/antibiotics/cephalexin.html

  7. tadalafil side effects sublingual tadalafil tadalafil research chemical

  8. can i buy cialis over the counter canada – cialis 5mg in canada buy cialis price

  9. Tremendous issues here. I’m very glad to peer your article.
    Thank you so much and I am having a look ahead to contact you.
    Will you please drop me a mail? https://canadiandrugstorerx.com/skin-care/prednisone.html

  10. risks of hydroxychloroquine malaraquin what is hydroxychloroquine used for arthritis

  11. viagra de mujer como comprar viagra en la farmacia donde comprar viagra sin receta en que paises se vende viagra sin receta

  12. maca viagra natural viagra en crema como comprar viagra en españa sin receta que es mejor cialis o viagra o levitra

  13. hello there and thank you for your info – I’ve definitely picked up something new from right here.
    I did however expertise some technical issues using this web site, as I experienced to reload the website a lot of times previous to I could get it
    to load properly. I had been wondering if your web host is OK?
    Not that I am complaining, but sluggish loading instances times will sometimes affect your placement in google and can damage your quality score if advertising and marketing
    with Adwords. Well I am adding this RSS to my email and could look
    out for much more of your respective exciting content.
    Ensure that you update this again soon. http://cialllis.com/

  14. best price tadalafil 10mg – cialis 60 mg buy cialis canada canadian drugstore

  15. alejandro sangenisempty tits fuckingSexing girlsX andrea
    noligirl crushing lobstersuperfine yurixnxx pk videpindia degabriella giorgellileisure
    time entertainmentlatin lust lessonsBlacktranny camesbain shit eatersjapanese humiliaitonjapan pudlick scadal

  16. Excellent blog here! Also your website loads up very fast!
    What web host are you using? Can I get your affiliate link
    to your host? I wish my web site loaded up as fast as yours
    lol https://www.herpessymptomsinmen.org/where-to-buy-hydroxychloroquine/

  17. eua laskari cumride me toyarabian hunks fuck15years old virginColegiala rubia pendejaAngel summers gamgbangbini kantoi pornEsperanzagomez videosraped russian drunkgay
    boy mjbblacksonblondes americanpussy yellowmassive black squirtSpycam dutch pornanacondas lil mamasvoyeur rape10

  18. If you are going for finest contents like me, only pay a
    quick visit this website daily because it presents feature contents, thanks http://vidalista.buszcentrum.com/

  19. brooklyn chase guardsexy luna xxxheroina sex viodusreluctant wife forcexxx vido downamature outdoorrapa sisterkaera euharaindian whore gaandmommy clips4salekigurumi lesbianfetiche lesbianas 002ister in lawww hardcoreporn comcouples forces teens

  20. colossal combo squirtPornografia paloma apianaOrgasmos gravodoshemlata vermaCartoon bustyremoving
    mom salwarFucking bobby edenabg cantik berkacamatawww innocenthigh com8m9r ajchandighar ass videso2mb hospital sexindian mom pornextremo 69 orgiasecurity
    cam threesome

  21. tamanna nute videoshare wife gangbangSpanish seduced
    pornnaket aunti photolesbian nipple femdomteen lipsupskrit porn photojenny gold
    showbeautiful punishment xsexdildo on chairwife facial momnina ella pornokajal sxex videosbrown eyed blondesturkish teen

  22. oh hyenbrunettes pussy slammedEroberlin ledertanner mayes slappedmom get
    lickedconvinced both girlsjoi pov hdgrab on busPornstar porn torrentfotos
    de cdzinhadogs teen maturemindy leeav commercialDrunk vip creampiemistress vacuum

  23. cofi milan slippersmfc halleliveMature upskirt rubbingZorras en 4gphershey may scandalhot tna
    sextranny gangrapeSibel doktora veriyorcorbin fisher bihd lady soniaThe chocolate
    factorybondage nose hookshare wife pizzameth wife bbcXvideo reap

  24. beverlee hillsvdeos vieja transesualamateur mature cumpilationredhead gangbang porndildo ass shitAmo tocarmewide cucumber masturbationbdsm penis cutcasablanca masturbatingnipple goofSilksmitha
    photosmom sleeping peepDharan nepal xCock suck slowmotionbicth czech

Leave a comment


Go to top ↑