Atlanta Office Secures Rare TTAB Reversal in ‘Supa Dupa’ Trademark Case
Atlanta, Ga. (April 18, 2019) – In In re Juice Generation, Inc., U.S. Application Serial No. 87/376,011 (TTAB April 11, 2019), Atlanta Intellectual Property Partner Nigamnarayan Acharya recently secured a reversal from the Trademark Trial and Appeal Board (TTAB) for a client in a case involving a trademark application for the mark SUPA DUPA for use in multiple classes of goods and services. Initially, the registration had been refused by an Examining Attorney for the U.S. Patent and Trademark Office on the basis that it too closely resembled another registered mark, SUPER DUPER. After a request for reconsideration was denied, an appeal proceeded to the TTAB.
Upon reviewing the record and applying the DuPont analysis for trademark similarity, the TTAB reversed the Examining Attorney’s refusal for two of the three classes, determining that the SUPA DUPA mark was unlikely to cause confusion with the previously registered SUPER DUPER mark in those particular goods and services classes. The TTAB cited Juice Generation, Inc. v. GS Enterprises LLC, 115 USPQ2d 1671 (Fed. Cir. 2015) [precedential]. Mr. Acharya successfully argued this case before US Court of Appeals for the Federal Circuit.
“TTAB reversals are very rare,” said Mr. Acharya. “Our client was pleased with the outcome.”
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