TTAB Victory

Sunstein partner Lisa Tittemore and associates Brandon Scruggs and Sharona Sternberg represented ’47 in its opposition to Contrast Imports’ application to register a 47 in a circle before the USPTO.  The USPTO Trademark Trial and Appeal Board agreed that there was a likelihood of confusion between ’47’s strong 47 marks used for apparel and headwear and Contrast Imports’ 47 mark used for silver jewelry, and held that consumers would likely mistakenly believe that Contrast Imports’ originated from or were associated with or sponsored by ’47.  Accordingly, the TTAB sustained ‘47’s opposition.  ’47 Brand, LLC v. Contrast Imports, Inc., Trademark Opp. No. 91223256.