The TTABlog comments on a TTAB decision finding, not surprisingly, that two similar looking trademarks are likely to be confused, but raises a key point about how the brand-equity-rich really are different:

I think the marks PLAYBOY and PLAY BODY are just too dang similar in spelling: the latter could easily be misread to be the former. It is interesting to note that the Board didn’t really say that the PLAYBOY mark is famous for clothing. It found the mark generally famous, but as to clothing are sales of $120 million enough for a claim of fame? Playboy pleaded a dilution claim, but did not pursue it. Did Playboy nonetheless get dilution-like protection under Section 2d based on its over-all fame?

It would sure seem that way, wouldn’t it? For perspective on the question, “as to clothing are sales of $120 million enough for a claim of fame?,” consider this earlier, funnier post.

By Ron Coleman

LIKELIHOOD OF CONFUSION blog author Ron Coleman is a member of Dhillon Law Group in their New York City and Montclair, New Jersey offices. He is a graduate of Northwestern University School of Law and Princeton University.

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