Digest of Juice Generation, Inc. v. GS Enterprises LLC, No. 2014-1853 (Fed. Cir. July 20, 2015) (precedential). On appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board (TTAB). Before Newman, Reyna, and Taranto.
Procedural Posture: Trademark applicant, Juice Generation, appealed the TTAB’s decision to sustain the opposition to the applicant’s trademark registration. CAFC vacated and remanded.
- Trademarks: In finding that there was a likelihood of confusion between Juice Generation’s “PEACE LOVE AND JUICE” mark and GS’s “PEACE & LOVE” marks, the TTAB erred by inadequately considering the strength or weakness of GS’s marks. Juice Generation presented uncontroverted evidence of prolific third-party use of marks similar to that used by GS. Evidence of third-party use, even absent evidence of the commercial extent of that use, bears on the strength or weakness of an opposer’s mark because it can indicate that the mark carries a suggestive or descriptive connotation in the industry. The TTAB must consider this evidence as part of a likelihood of confusion analysis.
- Trademarks: The TTAB also erred by focusing on the “PEACE LOVE” portion of Juice Generation’s proposed mark as opposed to the mark as a whole. While the TTAB may properly afford more or less weight to particular components of a mark, it must still view the mark as a whole. Since the TTAB appeared to give no significance to the term “JUICE” in Juice Generation’s proposed mark, its analysis was insufficient.