HOLLYWOOD COFFEE CO likely to be confused with HOLLYWOOD CAFÉ

This article that originally appeared in World Trademark Review discussed a decision of the Trademark Trial and Appeal Board involving similar marks used for related services. The case is In re USA Innovations Inc, in which the Board affirmed a likelihood of confusion refusal of HOLLYWOOD COFFEE CO for retail services featuring packaged coffee based on a prior registration of HOLLYWOOD CAFÉ for restaurant services featuring coffee. While crediting a line of cases in which “something more” is required to show relatedness between goods and services (e.g., between food products and restaurant services), that line of caselaw is not applicable when determining whether two types of services are related, i.e., “something more” is not required to show relatedness between services. The case is also a reminder that lists summarizing third party registrations to show coexistence of similar marks is not sufficient to enter those registrations into the record.