ZHENG CAI v. DIAMOND HONG, INC.
- Sep 5 2018 |
- Category: CAFC Updates
Appellant Cai appeals an opinion of the Trademark Trial and Appeal Board (“TTAB”) cancelling registration of his mark “WU DANG TAI CHI GREEN TEA” due to a likelihood of confusion with Appellee Hong’s registered mark, “TAI CHI,” pursuant to 15 U.S.C. § 1052(d) (2012). After finding: 1) that the TTAB did not abuse its discretion in applying the Trademark Trial and Appeal Board Manual of Procedure (“TBMP”) and thus did not improperly excluded evidence submitted in Cai’s briefs; and 2) that the TTAB’s findings as to the DuPont factors are supported by substantial evidence and the TTAB did not err in finding a likelihood of confusion, the CAFC affirms.