CAFC Says SAZERAC STITCHES is Likely to Be Confused with SAZERAC

"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed a decision of the Trademark Trial and Appeal Board (TTAB) that the mark SAZERAC STITCHES is likely to be confused with registered mark SAZERAC. Laurel Designs, LLC sought to register SAZERAC STITCHES for retail store and online services related to lighting, hardware, furniture and textiles, among others."

"The examiner rejected the application due to potential confusion with the mark SAZERAC, owned by Sazerac Brands LLC and registered for "online retail store services featuring distilled spirits, beverage glassware, cocktail accessories, T-shirts, caps, postcards, and cocktail recipe books." Laurel Designs appealed to the TTAB and the Board affirmed after analyzing three of the 13 DuPont factors and determining they favored a finding of confusion."

"As to factor 3, "[t]he similarity or dissimilarity of established, likely-to continue trade channels," Laurel said "the Board failed to properly weigh the evidence before it regarding the actual trade channels of the cited services . . . , as well as the class of customers and the items listed under each respective set of services.""

Laurel Designs sought registration of SAZERAC STITCHES for retail store and online services including lighting, hardware, furniture, and textiles. The USPTO examiner rejected the application as likely to cause confusion with SAZERAC, a registered mark owned by Sazerac Brands for online retail services featuring distilled spirits and related merchandise. The TTAB affirmed after analyzing three DuPont factors and finding they favored a likelihood of confusion. Laurel Designs argued the Board erred on relatedness of goods/services and trade channels. The CAFC affirmed the Board and emphasized the ex parte inquiry focuses on the goods and services described in the application and registration.

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