• “Classic” Case of Trademark Infringement? Top Tobacco and North Atlantic Operating Company Argue Whether CLASSIC CANADIAN and CLASSIC AMERICAN BLEND are Confusingly Similar
  • December 9, 2011 | Author: Janet A. Marvel
  • Law Firm: Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP - Chicago Office
  • Top Tobacco, L.P. v. North Atlantic Operating Co., Inc. (TTAB Nov. 21, 2011) (available at httpttabvue.uspto.govttabvuevpno=91180231&pty=OPP&eno=14) shows the very fluid application of facts to law in trademark cases, and therefore, that reasonable minds can differ. Top filed oppositions before the Trademark Trial and Appeal Board (the “Board”) to various trademark applications filed by North Atlantic for the mark CLASSIC AMERICAN BLEND in logo form and standard characters, and petitioned to cancel North Atlantic’s registration of ZIG ZAG CLASSIC AMERICAN BLEND. Top based its actions on a claim of likelihood of confusion with Top’s rights i and registration of CLASSIC CANADIAN. Both parties’ marks covered the same goods, namely, tobacco products.