In Gubbala v. Abercrombie & Fitch Trading Co., a trademark applicant attempted to register a logo featuring a multicolored gannet (a seabird), shown in flight with a fish in its beak, for use in connection with an apparel brand. Abercrombie & Fitch opposed the application, arguing that the proposed design was too similar to its own logo, which also features a silhouette of a seabird with outstretched wings. The company alleged that registering the new mark could create consumer confusion and potentially dilute its existing trademark.
The dispute was heard by the Trademark Trial and Appeal Board (TTAB), which evaluates challenges to trademark registrations in the United States.
TTAB Decision and Subsequent Legal Challenge
The TTAB determined that the applicant’s mark created a similar commercial impression to the Abercrombie logo. The Board noted the visual similarities between the designs: the depiction of a seabird in flight, with wings extended, and the bird's orientation. The decision acknowledged that many registered trademarks incorporate bird imagery; however, those marks include additional design elements or wording that distinguish them from one another and create different overall impressions.
The applicant filed a lawsuit in federal court, seeking to overturn the TTAB’s decision, arguing that the Board focused on general similarities between the bird designs and overlooked differences between the marks. The applicant also contended that the TTAB’s ruling allows one company to claim broad protections over bird-related imagery.
Trademark Disputes and Measuring Consumer Perception
When similar logos are at issue, adjudicators frequently consider evidence of consumer perception. Whether consumers are likely to believe that the products originate from the same source or are affiliated with one another is a question that consumer research could examine. By measuring how relevant consumers interpret the designs, survey evidence can assist courts in evaluating claims of confusion or brand impact.
Consumer Perception and Trademark Analysis
Trademark law focuses on how marks are perceived in the marketplace. When visual similarities between logos are at issue, evidence of how consumers perceive those logos provides context for courts and administrative bodies. IMS Legal Strategies is a trusted and experienced consumer survey resource that offers research for trademark disputes, including studies measuring the likelihood of confusion. Contact IMS Legal Strategies for help with logo and trademark disputes requiring consumer survey research.
