Metal Jeans, Inc. v. Destroyer Promotional Products, LLC, Opposition No. 91252176 (November 1,2023)
Nov 01, 2023OUTCOME: "Balancing the relevant DuPont factors, the Board found confusion unlikely, and so it dismissed the opposition."
This case was featured on the TTABLOG: "Metal Jeans, Inc. opposed an application to register the mark METAL HEADS for headwear, claiming likelihood of confusion with its registered mark METAL for" ski ... jackets, jackets, jeans and shirts.” Third-party registrations covering both headwear and one or more of opposer's goods, along with applicant's admissions, established the relatedness of the goods. Applicant also admitted that the trade channels and classes of consumers overlap. Opposer contended that the marks are nearly identical in sight, sound, and meaning because applicant’s mark commences with the word “metal.”"
