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Trademark Valet

Decisions · 86040656

PrecedentialLandmarkNo later change on its docket

In re Mr. Recipe, LLC

Serial No. 86040656 · Decided 2016-03-18 · Section 2(d) Ex Parte Appeal

What happened

Refusal upheld — JAWS DEVOUR YOUR HUNGER for a cooking-video streaming channel was blocked by the famous JAWS movie mark, which dominates the slogan as its first word while DEVOUR YOUR HUNGER only reinforces the shark image.

The marks

Applicant

JAWS DEVOUR YOUR HUNGER

Entertainment, namely, streaming of audiovisual material via an Internet channel providing programming related to cooking

Cited registration

JAWS

video recordings in all formats all featuring motion pictures

How the marks compared

DimensionFindingWhat the Board said
soundSimilarJAWS leads the slogan.
appearanceSimilarThe famous mark is incorporated in full as the first word.
meaningSimilarDEVOUR YOUR HUNGER reinforces the shark connotation of JAWS.
commercial impressionSimilarJAWS dominates the overall impression.

The Board found the slogan similar to JAWS in appearance, sound, connotation, and commercial impression, with the famous mark as its dominant element.

du Pont factors that bore on the outcome

#FactorWeightWhat the Board found
1Similarity of the marksFavored RefusalThe slogan incorporates the famous JAWS in full as its dominant first word.
2Relatedness of the goods or servicesFavored RefusalStreaming a cooking-focused internet channel is related to motion-picture video recordings.
5Fame of the prior markFavored RefusalThe cited JAWS mark’s proven fame weighed heavily against registration.
6Number and nature of similar marks in useFavored RefusalNo significant third-party use narrowed the famous mark’s broad scope.

Why this decision is significant

Companion application decided in the same precedential opinion as JAWS (86040643): the famous JAWS is the dominant first word of the slogan JAWS DEVOUR YOUR HUNGER, whose remaining words reinforce the shark connotation. Cluster shares the Landmark rating for the fame-in-ex-parte framework.

Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.

Related decisions

The original record

Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.

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