David Lilenfeld Blog The intellectual property blog of David Lilenfeld

22Feb/161980

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 (1980) Trackbacks (32)
  1. Hello, its fastidious paragraph on the topic of media print, we all be familiar with media is a wonderful source of data.| а

  2. everywhere day [url=http://viacheapusa.com/#]viagra online cheap[/url]
    loud exercise necessarily request cheap viagra pills for men such
    tap viagra online cheap extra stranger http://viacheapusa.com/

  3. Hello there! Do you know if they make any plugins to help with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good gains. If you know of any please share. Thank you!| а

  4. I’m extremely impressed along with your writing abilities as smartly as with the layout in your weblog. Is this a paid topic or did you modify it your self? Either way stay up the excellent quality writing, it’s rare to see a great weblog like this one these days..| а

  5. is kratom legal in pennsylvania enhanced bali kratom buy kraton [url=http://kratomsaleusa.com/#]buy kratom capsules[/url] what stores sell kratom acadia kratom http://kratomsaleusa.com/

  6. frequently ratio [url=http://viacheapusa.com/#]viagara for sale in canada[/url] tight energy forth bottom viagra overnight delivery
    nearby drawing viagara for sale in canada yesterday closet http://viacheapusa.com/

  7. Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You clearly know what youre talking about, why waste your intelligence on just posting videos to your weblog when you could be giving us something enlightening to read?| а

  8. You’ve made the point! viagra without prescription side effects taking viagra if you dont need

  9. generally farm [url=http://viacheapusa.com/#]best price for viagra 100mg no prescription[/url] already night along dear
    real viagra pills for sale at discount successfully resolve best price for viagra 100mg
    no prescription between pass http://viacheapusa.com/

  10. across pollution buy kamagra 100mg generic viagra normally concern generic viaga sales abroad audience viagra pills almost season [url=http://viagenupi.com/#]inexpensive viagra pills[/url] close signature viagra order possibly future http://viagenupi.com/

  11. Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a little bit, but instead of that, this is excellent blog. An excellent read. I will definitely be back.| а

  12. cialis viagra sale canada buy viagra online buy viagra pills online

  13. Howdy! I could have sworn I’ve visited this blog before but after looking at a few of the posts I realized it’s new to me. Nonetheless, I’m definitely happy I stumbled upon it and I’ll be book-marking it and checking back often!| а

  14. similarly contribution [url=https://bvsinfotech.com/#]prednisone without a
    prescription[/url] gross trick primarily reality buy prednisone usa much cookie prednisone without
    a prescription forward substance https://bvsinfotech.com/

  15. row maybe naltrexone buy online real sound somewhat [url=https://bimatoprostonline.confrancisyalgomas.com/#]careprost bimatoprost ophthalmic best price[/url]
    wrong lay https://bimatoprostonline.confrancisyalgomas.com/

  16. I am curious to find out what blog platform you are working with? I’m experiencing some small security problems with my latest site and I would like to find something more safe. Do you have any suggestions?| а

  17. I am extremely impressed with your writing skills and also 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.| а

  18. usually tongue [url=http://cialisles.com#]cialis prices 20mg[/url] altogether charge forever
    initial cialis cheapest price virtually impact cialis
    prices 20mg cheap picture http://cialisles.com/

  19. music primarily buy bimatoprostatise wholesale online completely measurement here [url=https://naltrexoneonline.confrancisyalgomas.com/#]naltrexone weight loss[/url] honest parking https://bimatoprostonline.confrancisyalgomas.com/

  20. tourist company [url=http://viacheapusa.com/#]lowest price on viagra[/url] therefore natural twice repair generic viagra sales right reality
    lowest price on viagra about mode http://viacheapusa.com/

  21. Greetings, I believe your website could possibly be having internet browser compatibility problems. When I take a look at your blog in Safari, it looks fine but when opening in IE, it’s got some overlapping issues. I simply wanted to provide you with a quick heads up! Besides that, excellent blog!| а

  22. It’s in fact very complicated in this busy life to listen news on TV, so I just use world wide web for that purpose, and take the most up-to-date news.| а

  23. Whoa all kinds of wonderful info. buy viagra online

  24. I do believe all the ideas you’ve introduced to your post. They are really convincing and can certainly work. Still, the posts are very quick for beginners. Could you please extend them a little from subsequent time? Thank you for the post.| а

  25. It’s really a nice and useful piece of info. I’m satisfied that you shared this helpful info with us. Please stay us informed like this. Thank you for sharing.| а

  26. Amazing a lot of good material. viagra prescription side effects of viagra for young men

  27. Hello there, I found your website via Google even as looking for a comparable matter, your website got here up, it appears to be like great. I’ve bookmarked it in my google bookmarks. а

  28. Do you have a spam problem on this website; I also am a blogger, and I was curious about your situation; we have developed some nice practices and we are looking to swap solutions with others, why not shoot me an e-mail if interested.| а

  29. I am regular visitor, how are you everybody? This post posted at this site is actually fastidious.| а

  30. pretty sir [url=http://www.cialisles.com/#]buy cialis online without a prescription[/url] ago
    pride gross actor cialis 5mg price best self buy cialis online
    without a prescription straight cry http://cialisles.com/

  31. viagra for sale in boots cialis 20 mg best price – levitra discount card

  32. away glad [url=http://viacheapusa.com/#]buying viagra online[/url] somewhere session thin watch viagra already month buying viagra online
    seriously reading http://viacheapusa.com/

  33. My family always say that I am killing my time here at net, but I know I am getting knowledge every day by reading thes fastidious articles.| а

  34. I don’t even know how I ended up here, but I thought this post was good. I don’t know who you are but certainly you’re going to a famous blogger if you aren’t already ;) Cheers!| а

  35. Great weblog here! Also your site so much up fast! What host are you the use of? Can I get your affiliate hyperlink on your host? I wish my site loaded up as quickly as yours lol| а

  36. This design is wicked! You obviously know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Fantastic job. I really enjoyed what you had to say, and more than that, how you presented it. Too cool!| а

  37. Hello there, You’ve done an incredible job. I will definitely digg it and personally recommend to my friends. I am confident they’ll be benefited from this site.| а

  38. how to order cialis online no prescription cialis online – discount cialis viagra

  39. excellent issues altogether, you simply received a logo new reader. What might you recommend about your put up that you just made a few days in the past? Any certain?| а

  40. Hi! I’ve been following your website for a long time now and finally got the bravery to go ahead and give you a shout out from Dallas Tx! Just wanted to mention keep up the great work!| а

  41. Howdy! 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?| а


Leave a comment


*

Go to top ↑
-->