In re: Detroit Athletic Co.

DACo, a sports specialty shop, sells souvenirs and apparel associated with Detroit professional sports teams. Since at least 2004, DACo has used the DETROIT ATHLETIC CO. mark in connection with its retail services. In 2015, DACo sought to register the standard character mark DETROIT ATHLETIC CO. on the Principal Register for “[o]n-line retail consignment stores featuring sports team related clothing and apparel; [r]etail apparel stores; [r]etail shops featuring sports team related clothing and apparel; [r]etail sports team related clothing and apparel stores.” In response to a non-final refusal, DACo disclaimed ATHLETIC CO. and amended to seek registration on the Supplemental Register. The examining attorney refused registration under the Lanham Act, 15 U.S.C. 1052(d), finding that DETROIT ATHLETIC CO. is likely to be confused with DETROIT ATHLETIC CLUB, which is on the Principal Register for “[c]lothing, namely athletic uniforms, coats, golf shirts, gym suits, hats, jackets, sweatpants, sweatshirts, polo shirts, and T-shirts,” and is owned by the Detroit Athletic Club, a private social club organized in 1887. The Federal Circuit affirmed. The Board balanced the DuPont factors; substantial evidence supports its finding that, “because the marks are similar, the goods and services are related, and the channels of trade and consumers overlap, . . . confusion is likely between Applicant’s mark DETROIT ATHLETIC CO. and the mark DETROIT ATHLETIC CLUB.” View "In re: Detroit Athletic Co." on Justia Law