Digest of In re Franciscan Vineyards, Inc., No. 2014-1269 (Fed. Cir. Dec. 9, 2014) (nonprecedential). On appeal from the TTAB in Opposition No. 91178682. Before Lourie, Chen, and Hughes.

Procedural Posture: Franciscan Vineyards, Inc. (“Franciscan”) appealed decision from the TTAB that dismissed its opposition to an application to register the DOMAINE PINNACLE mark. CAFC affirmed.

  • Trademarks: The TTAB did not err in determining that there was no likelihood of confusion, under the relevant Dupont factors, between Franciscan’s previously registered marks for use with wine and Domaine Pinnacle’s requested mark for use with apple juice and apple-based non-alcoholic beverages because Franciscan failed to present evidence that the goods at issue were related. The TTAB also did not err in refusing to find a prior case controlling. In that prior case, the Board took judicial notice of dictionary definitions of “wine” and “cider” and found the goods related. That case, however, was an ex parte proceeding where the TTAB would be more permissive with respect to admissibility and probative value of evidence. The present case was an inter partes proceeding in which the burden was on Franciscan to introduce evidence that the goods were related.