[E-trademarks] No LOC Where One Letter Added

[Dale Quisenberry]

Listmates,

I’m looking for any cases where a mark that has an added letter avoids likelihood of confusion with a registered mark that is identical except for the added letter.  I’m aware of the McGregor case:

Further, mere similarity or even identity between marks can never alone be decisive of likelihood of confusion.  McGregor-Doniger, Inc. v. Drizzle Inc., 202 U.S.P.Q. 81, 89 (2d Cir. 1979).  Thus, in holding the mark DRIZZLE for women’s overcoats was not likely to cause confusion with DRIZZLER for golf jackets, the Court of Appeals for the Second Circuit stated: “First, even close similarity between two marks is not dispositive of the issue of likelihood of confusion.  ‘Similarity in and of itself is not the acid test.  Whether the similarity is likely to provoke confusion is the crucial question.’”  Id., 202 U.S.P.Q. at 89 (citiation omitted, emphasis added).

Just curious to know if anyone knows of any other cases like this.

Thanks!

Dale

C. Dale Quisenberry
Quisenberry Law PLLC
13910 Champion Forest Drive, Suite 203
Houston, Texas 77069
(832) 680.5000 (office)
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www.quisenberrylaw.com<http://www.quisenberrylaw.com>

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