On March 3, 2017, Venable team Susan Hollander, Marjorie Norman, and Sharoni Finkelstein prevailed in their Motion for Summary Judgment for firm client Tri-Union Seafoods, LLC dba Chicken of the Sea ("Chicken of the Sea"). In its Notice of Opposition, Chicken of the Sea alleged that the trademark application for a mermaid design for "canned seafood" is likely to cause confusion with its iconic MERMAID trademark, which it has used for over 60 years for seafood products. Below is a side-by-side comparison of Chicken of the Sea’s registered MERMAID trademark and the applied-for mermaid design mark.
Chicken of the Sea moved for summary judgment, arguing that the applied-for mermaid mark is likely to cause confusion with its famous MERMAID marks. Chicken of the Sea submitted evidence that its MERMAID mark has an 83% recognition rate, and is among the most recognizable brands in America.
Having reviewed the facts and admissions, The Trademark Trial and Appeal Board granted Chicken of the Sea's Motion for Summary Judgment, and refused to register the applied-for mermaid design mark.