Amicus Brief

Cesari S.R.L. v. Peju Province Winery L.P. et al., Second Circuit Appeal No. 24-1903; Cross-Appeal No. 24-2014

Published: December 16, 2024

Court

U.S. Court of Appeals, Second Circuit

Our Position

In this case, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) excluded evidence of marketplace differences relevant to determining whether confusion is likely (packaging, house marks, price, trade channels, etc.) and instead based its finding on only a comparison of the rival marks as shown in the parties’ respective registration and application. In this scenario, in the subsequent infringement litigation, no preclusive effect should be given to the prior TTAB decision finding when the parties’ marks are likely to be confused.

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