OMAHA STEAKS INTERNATIONAL V. GREATER OMAHA PACKING CO.
- Nov 26 2018 |
- Category: CAFC Updates
Omaha Steaks International, Inc. appeals a decision of the TTAB dismissing its opposition to Greater Omaha Packing Co., Inc.’s application to register the mark “GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF” for meat, including boxed beef primal cuts. The TTAB concluded that there is no likelihood of confusion between the Opposed Mark and Omaha Steaks’ previously registered trademarks (over two-dozen registrations for marks that all include the words “Omaha Steaks”). Omaha Steaks contends that: 1) the Board ignored evidence of the fame of its marks under the fifth DuPont factor; 2) the Board relied on a much broader range of goods lacking any similarity to meat products when evaluating the sixth factor, which examines the number and nature of third-party uses of similar marks on “similar goods”; and 3) the Board’s analysis of the similarity between the parties’ marks was flawed because it ignored the word “BEEF” in Greater Omaha’s slogan. The CAFC concludes that the Board the Board took an overly restrictive view of evidence related to Omaha Steaks’ sales figures, advertising expenditures, and related evidence of the relevant public’s exposure to its branded meat products bearing on the relative fame of Omaha Steaks’ marks, third-party usage. The CAFC also finds that because the Board’s findings regarding third-party use improperly relied on marks found on dissimilar goods and services not directed to the relevant public, the Board’s analysis under the sixth factor was legally flawed. Accordingly, the CAFC vacates and remands.