By Tamar Duvdevani and Gina Durham

Love and Peace apparently abound in the restaurant industry (at least when it comes to establishment names using the two words in combination), but the Trademark Trial and Appeal Board had neither love nor peace for Juice Generation, Inc. (“JG”) when it refused registration of its trademark, PEACE LOVE AND JUICE, in light of pre-existing registrations for PEACE AND LOVE in the same class held by GS Enterprises LLC (“GS”).  According to the Board, the marks were likely to create consumer confusion pursuant to In re E. I. DuPont DeNemours & Co., 476 F.2d 1357, 1361 (CCPA 1973).  However, on July 20, 2015, the Federal Circuit vacated and remanded TTAB’s refusal to register. 
Continue Reading FEDERAL CIRCUIT VACATES TTAB REGISTRATION REFUSAL: WHERE’S THE LOVE (AND THE PEACE) IN THE TTAB’S ANALYSIS?