David Lilenfeld Blog The intellectual property blog of David Lilenfeld

22Feb/16817

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 (817) Trackbacks (20)
  1. What i don’t realize is in reality how you are no longer
    really much more smartly-liked than you may be right now. You’re so
    intelligent. You realize thus significantly on the subject of
    this matter, made me in my opinion believe it from a lot of
    various angles. Its like men and women aren’t interested except it is one thing
    to accomplish with Girl gaga! Your own stuffs great.

    Always take care of it up!

  2. Thank you for any other informative web site. Where else may just I get that kind of information written in such an ideal
    manner? I have a venture that I’m just now working on, and I have been at the glance out for such info.

  3. We are a group of volunteers and opening a new scheme in our community.
    Your website provided us with valuable info to work on. You have
    done a formidable job and our entire community will be thankful to
    you.

  4. What’s up friends, its wonderful paragraph about educationand fully defined, keep it up
    all the time.

  5. I am extremely impressed along with your writing
    skills as neatly as with the structure on your
    weblog. Is that this a paid theme or did you modify it yourself?
    Either way keep up the nice high quality writing, it is uncommon to look
    a nice blog like this one today..

  6. Good day! I could have sworn I’ve been to this blog before but after checking through some of the post I realized it’s new to
    me. Nonetheless, I’m definitely glad I found it and I’ll be book-marking and checking back often!

  7. hi!,I like your writing very much! percentage we communicate more about your article on AOL?
    I require a specialist on this house to resolve my problem.

    Maybe that is you! Looking forward to peer you.

  8. Howdy just wanted to give you a quick heads up and let
    you know a few of the pictures aren’t loading properly. I’m not sure why but I think its a linking
    issue. I’ve tried it in two different browsers and both show the same outcome.

  9. Como Tomar Propecia Canadapharmacy24hr priligy precio farmacia Viagra Maux De Tete

  10. I’m not sure why but this weblog is loading incredibly slow for me.
    Is anyone else having this problem or is it a problem on my end?
    I’ll check back later and see if the problem
    still exists.

  11. hello!,I like your writing very a lot! percentage we be in contact more approximately your post on AOL?
    I require an expert on this house to resolve my problem.

    Maybe that’s you! Having a look ahead to see you.

  12. Hello my friend! I want to say that this article is awesome, nice written and come with approximately all vital infos.
    I’d like to see more posts like this .

  13. Excellent article. I am experiencing some of these issues as well..

  14. I’d like to thank you for the efforts you have put in penning this blog.
    I’m hoping to see the same high-grade blog posts from you
    later on as well. In fact, your creative writing abilities has motivated me to get my own, personal blog
    now ;)

  15. Pretty! This has been a really wonderful article. Many thanks for supplying
    these details.

  16. I’ve been surfing online more than three
    hours today, yet I by no means found any fascinating article like yours.

    It’s lovely value enough for me. In my view, if all site owners and bloggers made good content as you probably did, the web might be much more helpful than ever before.

  17. Hi to all, the contents present at this site are truly awesome for people experience, well, keep up the nice work fellows.

  18. Zithromax Rx Dosage Propecia Coste Farmacia levitra avantage Amoxicillin Sensitivity To Light How To Get Zithromaz Without Prescription Over Night Shipping Mysoline

  19. Buy Clomid Online Zest Creative viagra Achat Kamagra Naturel Certified Online Meds

  20. Keep this going please, great job!

  21. I have read so many articles or reviews on the topic of the blogger lovers except this paragraph is genuinely a nice post,
    keep it up.

  22. Your style is very unique in comparison to other people I’ve read stuff
    from. I appreciate you for posting when you’ve
    got the opportunity, Guess I’ll just bookmark this site.

  23. Great article! This is the type of information that are supposed to be shared around the internet.
    Disgrace on Google for no longer positioning this put up higher!
    Come on over and consult with my website . Thank you =)

  24. Cheap Valtrex Online No Prescription viagra Commander Kamagra 100mg

  25. If you would like to grow your knowledge simply keep visiting this web
    page and be updated with the newest news posted
    here.

  26. Thank you a lot for sharing this with all of us you really recognize what
    you are speaking approximately! Bookmarked. Please additionally talk over with my website =).
    We will have a link change agreement among us

  27. Hi would you mind letting me know which web host you’re utilizing?
    I’ve loaded your blog in 3 different internet browsers and I must say
    this blog loads a lot quicker then most. Can you recommend a
    good internet hosting provider at a honest price?
    Thanks a lot, I appreciate it!

  28. Buy Generic Viagra Viagra Acheter En Ligne France Pump It Global Caplet generic levitra Dutasteride Bph Sale Without Dr Approval

  29. How Cau You Order Levitra On Line viagra online pharmacy Cialis 36 Stunden Buy Viagra At Walmart 318 Cialis Original Forum

  30. Hey there, I think your site might be having browser compatibility issues.
    When I look at your website in Safari, it looks fine but when opening in Internet Explorer, it
    has some overlapping. I just wanted to give you a quick
    heads up! Other then that, superb blog!

  31. Wow that was odd. I just wrote an really long comment but
    after I clicked submit my comment didn’t show up. Grrrr…
    well I’m not writing all that over again. Anyways, just wanted to say fantastic blog!

  32. Viagra Definizione Prezzo Cialis Amoxil And Yeast Infestion cialis overnight shipping from usa Posologie Viagra 25mg Propecia Cap

  33. Cialis Europe Sildenafil En Ligne France cialis 40 mg Order Doxycycline Online No Prescription

  34. Comprar Cialis En Espana Sin Receta Canada Pharmacy No Prescription Comprare Cialis In Italia buy accutane generic

  35. I am regular visitor, how are you everybody? This article
    posted at this web site is genuinely nice.

  36. I truly love your website.. Great colors & theme. Did you
    develop this amazing site yourself? Please reply back as
    I’m trying to create my very own site and would like to learn where you got this from or
    what the theme is called. Appreciate it!

  37. fantastic points altogether, you just received a new reader.
    What might you suggest in regards to your put up that you made some days ago?
    Any positive?

  38. Generique Viagra Maroc Online Deltasone Buy generic viagra Order Cheap Viagra Fas

  39. Thank you, I have just been looking for info
    about this subject for a long time and yours is the greatest I’ve came upon till now.
    However, what about the bottom line? Are you sure concerning the
    source?

  40. Rosa Impex Pvt Ltd Viagra 7zx Cialis Best Sellers Catalog Cephalexin For Animal generic viagra Cialis One Day Quanto Costa Buy Generic Plavix Online

  41. certainly like your web-site however you need to take a look at the
    spelling on several of your posts. Several of them are rife with spelling issues and I
    find it very bothersome to inform the reality then again I will certainly come
    back again.

  42. Good day! Do you know if they make any plugins to
    safeguard against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any suggestions?

  43. We’re a group of volunteers and opening a new scheme in our community.
    Your site offered us with valuable information to work on. You have done a formidable job and our whole community will be thankful to you.

  44. When I originally commented I seem to have clicked on the -Notify me when new comments
    are added- checkbox and from now on every time a comment is added I
    get 4 emails with the exact same comment. Perhaps there is a way you can remove me from that service?

    Thanks!

  45. Hola! I’ve been following your weblog for some time now
    and finally got the bravery to go ahead and give you a
    shout out from Huffman Tx! Just wanted to tell you keep up the
    great job!

  46. Someone necessarily lend a hand to make severely articles I
    might state. This is the very first time I frequented your website page and so far?
    I surprised with the analysis you made to make this particular submit incredible.
    Great task!

  47. Hi fantastic blog! Does running a blog similar to this take a
    great deal of work? I’ve very little expertise in computer programming however I was hoping to
    start my own blog soon. Anyways, if you have any recommendations or tips for new blog owners please
    share. I know this is off subject but I simply had to ask.
    Many thanks!

  48. I’m not sure why but this site is loading very slow for me.
    Is anyone else having this issue or is it a problem on my
    end? I’ll check back later on and see if the problem
    still exists.

  49. Hi there, I enjoy reading all of your article.
    I wanted to write a little comment to support you.


Leave a comment


*

Go to top ↑
-->