Trademark Team Triumphs on Appeal for D.C. Atelier

October 1, 2018

In In re Paradyce Clothing Company, Inc., U.S. Serial No. 87562296 (October 1, 2018), Wenderoth Trademark Partner Rebeccah Gan successfully appealed a likelihood of confusion refusal on behalf of District of Columbia-based clothing line “PARADYCE.” The Examining Attorney had refused registration based on a perceived likelihood of confusion with the mark “PAR-A-DICE HOTEL – CASINO,” for promotional clothing items offered at the cited Registrant’s riverboat casino in East Peoria, Illinois. Using third-party registrations for similar marks, the cited Registrant’s statements against interest, and dictionary evidence, Wenderoth was able to convince the U.S. Trademark Trial and Appeal Board to reverse the reversal, based chiefly on the divergent commercial impressions of the subject marks. Paradyce Clothing Company is an urban streetwear company located in the nation’s capital whose designs are sold throughout the United States, including online at https://www.paradyceshop.com/.