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Keywords

appealtrialtrademarkcorporation

appealtrialtrademark

Related Cases

Brooklyn Brewery Corporation v. Brooklyn Brew Shop, 17 F.4th 129

Facts

The Brooklyn Brewery Corporation, which owns the trademark 'BROOKLYN BREWERY' for beer, sought to cancel the registration of 'BROOKLYN BREW SHOP' for beer-making kits owned by Brooklyn Brew Shop, LLC. The Brewery argued that the use of the similar mark would likely cause confusion among consumers. The Trademark Trial and Appeal Board (TTAB) ruled against the Brewery in part, finding that it lacked standing to oppose the registration of the mark for sanitizing preparations, but had standing regarding the beer-making kits. The Brewery's claims were based on the potential for consumer confusion and the descriptiveness of the mark.

Craft beer brewer that owned registration of mark 'BROOKLYN BREWERY' for beer of a certain class lacked injury in fact to have Article III standing to appeal Trademark Trial and Appeal Board's decision dismissing its opposition to beer-making kit seller's application to register mark 'BROOKLYN BREW SHOP' for sanitizing preparations for household use in a different class, where brewer did not make or sell sanitizing preparations, sanitizing preparations were only peripherally related to kits, there was no indication that sanitizing preparations for household use were likely to travel in same channels of trade as brewer's beer, and brewer did not have present plans or any interest in making or selling sanitizing preparations.

Issue

Did the Brewery have standing to appeal the TTAB's decision regarding the registration of 'BROOKLYN BREW SHOP' for beer-making kits and sanitizing preparations?

Rule

To establish Article III standing, a party must demonstrate an injury in fact that is concrete and particularized, fairly traceable to the challenged action, and likely to be redressed by a favorable judicial decision. In trademark cases, a challenger must show a concrete risk of interference with rights from their own mark or other specific harm.

Analysis

The Brewery failed to demonstrate standing regarding the sanitizing preparations because it does not produce or sell such products, and there was no evidence that these products would likely travel in the same channels of trade as its beer. However, the Brewery did establish standing concerning the beer-making kits, as they were sold in similar retail environments and the marks were sufficiently similar to create a likelihood of confusion.

Conclusion

The court affirmed the TTAB's decision regarding the sanitizing preparations due to lack of standing, but vacated and remanded the decision concerning the beer-making kits for further consideration of the Brewery's claims.

We affirm the Board's denial of Brewery's petition for cancellation. As for the Opposition, we dismiss the appeal as to the Class 5 goods for lack of standing.

Who won?

The prevailing party in this case was Brooklyn Brew Shop, LLC, as the court upheld the TTAB's decision that the Brewery lacked standing to oppose the registration of the mark for sanitizing preparations and affirmed the dismissal of the Brewery's claims regarding likelihood of confusion for those goods. The Brewery's failure to establish a concrete injury related to the sanitizing preparations was pivotal in the court's ruling.

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