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 (6210) Trackbacks (182)
  1. double dosing cialis how to order cialis cialis online espana

  2. bill house viagra generico viagra red wine and viagra interaction how long does a viagra tablet last how to get rid of viagra spam

  3. what does viagra do for women what does a real viagra pill look like erectile dysfunction information where can i buy generic viagra online safely where can you get viagra pills viagra how to take

  4. viagra diabetic neuropathy https://buybuyviamen.com/ aspirin or viagra

  5. easy bad credit loans bad credit loans tulsa online bad credit loans no credit check

  6. valsartan viagra interaction https://purevigra.com how does viagra cause hearing loss

  7. certified pharmacy cialis generic cialis order online cialis cialis daily

  8. how i can get viagra in norway pfizer viagra 100g viagra caanda

  9. how effective is cialis order cialis 20 online tadalafil maximum dose

  10. bad credit loans for bad credit online online bad credit loans no credit check pay day loan

  11. directions for cialis cialis mail order pharmacy cialis good women

  12. pricing for cialis mail order cialis online drugstore cialis

  13. paypal viagra no prescription viagra viagra online samples

  14. tadalafil pharmacy tadalafil for sale

  15. prezzo del levitra orosolubile generic levitra buy australia buy levitra dubai

  16. tadalafil online tadalafil pharmacy

  17. tadalafil canada tadalafil canada

  18. viagra use video achat en ligne viagra sildenafil mg can i get a prescription for viagra online how to ask for viagra

  19. buy cbd oil for cancer treatment cbd oil for pain reviews cbd hemp oil for pain

  20. cbd oil for diabetes difference between cbd oil and hemp oil cbd oil legal in all 50 states

  21. personal loans speedy cash payday loans online

  22. cialis free trial offers
    viagra online best price
    vilitra 40mg vardenafil Nem dah

  23. levitra quanto prima cheap levitra for sale levitra generika kaufen forum

  24. best cbd oil for pain and inflammation side effects cbd oil benefits cbd oil for cancer in dogs

  25. sildenafil online sildenafil without doctor prescription

  26. how did viagra impact eldlery couples directions for viagra how much is one bottle of brand viagra what works for ed what does fake viagra look like how long does viagra last in the refrigerator what is liquid viagra

  27. buy generic drugs online buy generic drugs online from india

  28. inhealth insurance doctor reviews
    viagra online
    viagra for women generic

  29. lee county health department opelika al us healthcare
    viagra online
    safe places to buy viagra

  30. why is my viagra not working viagra marketing how often do 4 hr erections happen on viagra mixing alcohol and viagra

  31. personal loans with no credit check payday loans online fast deposit

  32. levitra bucodispersable 10 mg buy levitra levitra vente libre

  33. generic viagra sale viagra fof sale viagra w uk

  34. Cheap sildenafil pills https://mygoviagar.com order sildenafil no prescription

  35. Sildenafil where to get lightvigra.com viagra for sale online australia

  36. Generic sildenafil 100mg price https://miraclevigra.com/ ordering viagra from india

  37. over the counter viagra united states buy viagra canada online best price for sildenafil 50 mg

  38. cialis viagra levitra difference generic levitra online pharmacy company that makes levitra

  39. cannabis seeds high in cbd cbd oil for depression and anxiety benefits of vaping cbd oil

  40. cheap generic sildenafil sildenafil for sale

  41. Viagra generic canada discount https://hopeviagrin.com/ viagra online generic

  42. sildenafil generic cheap generic sildenafil

  43. levitra company name levitra buy online levitra de 10 mg indicaciones

  44. unterschiede levitra viagra cialis llevitraa.com/ qual melhor viagra cialis ou levitra

Leave a comment


Go to top ↑