In re Majestic Distilling Co.

315 F.3d 1311 (2003)

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In re Majestic Distilling Co.

United States Court of Appeals for the Federal Circuit
315 F.3d 1311 (2003)

Facts

In 1995, Majestic Distilling Company, Inc. (Majestic) (applicant) sought to register the mark “Red Bull” for tequila, asserting use in commerce since 1984. The United States Patent and Trademark Office (PTO) examining attorney refused registration under § 2(d) of the Lanham Act due to the likelihood of confusion with previously registered “Red Bull” marks for malt liquor, including multiple marks issued to The Stroh Brewery Company as early as 1989. One of the Stroh marks was almost identical to the Majestic mark, with the exception of the lettering style: Stroh’s mark used stylized lettering, and the Majestic mark used a typed format. The Trademark Trial and Appeal Board (board) affirmed the PTO’s refusal of registration, and Majestic appealed again.

Rule of Law

Issue

Holding and Reasoning (Lourie, J.)

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