United States Federal Circuit

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Joseph Phelps Vineyards, LLC v. Fairmount Holdings, LLC, 2016-1089

In a petition for cancellation of a trademark, brought by the owner of the INSIGNIA mark used to sell wines since 1978 against the registrant of the ALEC BRADLEY STAR INSIGNIA mark used for cigars and cigar products, the Trademark Trial and Appeal Board's denial of the petition is vacated and remanded for reconsideration where: 1) the Board erred in its legal analysis, in analyzing the 'fame' of INSIGNIA wine as an all-or-nothing factor, and discounting it entirely in reaching the conclusion of no likelihood of confusion as to source, contrary to law and precedent; and 2) as a result of this error, the Board did not properly apply the totality of the circumstances standard, which requires considering all the relevant factors on a scale appropriate to their merits.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/24

Judges

  • PER CURIAM

Court

  • United States Federal Circuit

Counsel


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