PALM BAY IMPORTS, INC., Appellant, v. Veuve Clicquot Ponsardin MAISON FONDEE EN 1772, Appellee., 396 F.3d 1369

Summary

The importer filed an intent to use trademark application under § 1(b) of the Lanham Act, 15 U.S.C.S. § 1051(b), for the mark "VEUVE ROYALE" for its sparkling wine. The competitor filed an opposition with the Board, alleging a likelihood of confusion with its own marks for similar wines. Following denial of the application, the importer challenged the Board's findings as to four of the thirteen In re E.I. DuPont factors for determining likelihood of confusion. The Board did not err in finding a likelihood of confusion, except as to the finding for one of the marks, "THE WIDOW." Although the appellate court reversed the Board's conclusion as to one of the marks, it affirmed the Board's refusal to register the "VEUVE ROYALE" trademark. The court declined to find reversible error for two minor misstatements as to the similarity test, in an otherwise proper analysis, and found that "VEUVE" was an arbitrary term as applied to champagne and thus conceptually strong as a trademark, and ...