On September 14, 2018, the Trademark Trial and Appeal Board (“TTAB”) issued a final decision in favor of Rothwell Figg client Valentino S.p.A. and its famous mark “VALENTINO”, refusing registration of the conflicting application for the mark “Gino Valentino” filed by Darya Trading, Inc. (“Darya”).
Valentino S.p.A. is one of the world’s most famous makers of clothing, apparel and related items. Darya’s application was for clothing. Therefore, Valentino S.p.A. opposed Darya’s application on the grounds of likelihood of confusion and dilution. The TTAB agreed with Valentino’s S.p.A. position that the similarity of the overall commercial impression of the two marks would result in a likelihood of confusion in the marketplace. In addition, the TTAB explained that the goods in the applications were in-part identical and the channels of trade were the same, and it In addition, the TTAB held that the variety of goods sold by Valentino S.p.A. was a factor in its favor. As a result, the TTAB sustained Valentino S.p.A.’s opposition and refused registration of Darya’s mark.
The Rothwell Figg team was comprised of E. Anthony Figg, Leo M. Loughlin, Nicole DeAbrantes, and Davide Schiavetti. The case is Valentino S.p.A v. Darya Trading, Inc., Opposition No. 91227342.