Buckeye Fire Equipment Files Complaint for District Court Review of TTAB Decision in 2(d) "KITCHEN GUARD" Opposition

Buckeye Fire Equipment Company has filed a civil action under Section 1071(b) in the U.S. District Court for the District of North Carolina, seeking review of the TTAB's decision in Tyco Fire Products LP v. Buckeye Fire Equipment Co., Opposition No. 91192716 (August 1, 2012) [not precedential]. [complaint here].

The TTAB found Buckeye's applied-for mark KITCHEN GUARD for fire extinguishers likely to cause confusion with Tyco's registered mark K-GUARD for portable fire extinguishers. In its Complaint, at paragraph 21, Buckeye alleges that:

The TTAB’s August 1, 2012 decision was unsupported by substantial evidence in accordance with 5 U.S.C. § 706(2)(E). The Court's review of the TTAB’s August 1, 2012 decision will include a review of: 1) the TTAB’s conclusion regarding likelihood of confusion; 2) the TTAB's findings regarding the similarity of the marks; 3) the TTAB's findings regarding similarity of the parties' respective goods; 4) the TTAB's findings regarding similarity or dissimilarity of trade channels and classes of consumers; and 5) the TTAB's findings regarding the conditions under which buyers to whom sales are made, i.e. "impulse" vs. careful, sophisticated purchasing.

Text Copyright John L. Welch 2012.

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