Originally posted 2008-08-21 11:59:14. Republished by Blog Post Promoter
A classic explanation, via the case method, of trademark law’s doctrine of foreign equivalents:
Affirming a Section 2(d) refusal, the Board found Applicant’s mark AMMIRAGLIA for “wines, sparkling wines, liqueurs,” likely to cause confusion with the registered mark FLAGSHIP for vodka. The Board concluded that AMMIRAGLIA means flagship in Italian, and it found no evidence that AMMIRAGLIA would not be translated by the ordinary American purchaser who is knowledgeable in the English and Italian languages. In re Marchesi de’ Frescobaldi Societa’ Agricola S.p.A., Serial No. 79021733 (August 11, 2008) [not precedential].
Plus, now you know how to say “flagship” in Italian!