Trademark Update June 13, 2013

No Likelihood of Confusion? TAMAYA is not confusingly similar to MAYA TTAB found dissimilarity based on: –3 syllables vs. 2 –Different beginning – first part of mark creates greatest impression –Different look and sound –MAYA is diluted and weak While TAMAYA has a meaning in a foreign language, the TTAB found the language to be obsolete and obscure and the that consumer is likely to perceive the mark as a coined term

No Disclaimer for “NATURALLY”? The PTO refused registration of the mark NATURALLY POWERED for “all-natural coconut- based beverages” because applicant refused to disclaim the word NATURALLY. –The PTO asserted that NATURALLY is merely descriptive of the goods not containing synthetics, chemicals, preservatives, etc. The TTAB reversed, holding that NATURALLY POWERED is a unitary expression –The multiple elements create an single commercial impression separate and apart from the meaning of the constituent terms –NATURALLY POWERED is a double entendre: the goods are powered by forces of nature/ the goods are powered in a natural manner.

Facebook Inc. v. Teachbook.com LLC (N.D. Ill 2011) FACEBOOK sued TEACHBOOK for trademark infringement. TEACHBOOK moved to dismiss for failure to state a claim. Motion was denied. –In Europe, FACEBOOK argued it was distinguishable from FACTBOOK based on the “aural and conceptual differences between the marks” –TEACHBOOK’s website advertised the TEACHBOOK site as an alternative to FACEBOOK’s site as a confidential network not available to students