On January 14, 2016 Scott Slavick's article, "Czech This Registration At the Door, Bud" was published in InsideCounsel.
TTAB Turns Aside Arguments Against Anheuser-Busch Consumer Survey
The recent TTAB decision in Anheuser-Busch, LLC v. Innvopak Systems Pty. Ltd. affirms Scott Slavick's conviction that a party can bolster its likelihood of confusion argument by introducing consumer survey findings into evidence, he notes in his latest article for InsideCounsel.com.
The Board sustained Anheuser-Busch's opposition to Innvopak's effort to register the mark Winebud for alcoholic beverages except beers, finding that the applied-for mark was likely to cause confusion with the famous Bud mark. Importantly, it held that Anheuser-Busch's consumer survey, which found that 24% of respondents believed that a wine sold under the Winebud mark would be associated with Anheuser-Busch, supported its decision.
Slavick concludes that given the Board's holding in this case, and more importantly, its rejections of various criticisms of the consumer survey, such surveys may become more prevalent in TTAB proceedings.
Originally published by InsideCounsel January 14, 2016
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