In a rare full trial proceeding before the Trademark Trial and Appeal Board, WHIPgroup prevailed in a trademark opposition on behalf of its client Hybrid Athletics, LLC.
During its trial period, Hybrid offered an abundance of evidence of actual confusion, including live testimony from seven witnesses. In a detailed twenty-two page decision, the Board found Hylete’s stylized “H” mark confusingly similar, stating “we find the evidence of actual confusion to be highly persuasive with respect to our likelihood of confusion analysis.” The Board further stated that “[i]t is especially concerning that individuals with a higher level of awareness of the relevant players in the industry, including CrossFit employees and owners of other gyms, could mistakenly believe that there was relationship between Applicant and Opposer based on the stylized H marks.”
Hylete requested reconsideration of the decision, which the Board quickly denied in a separate ten page opinion.
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