Decisions · du Pont factor

Factor 3: Similarity of trade channels

27 of the 38 records in this library that code du Pont factors carry a finding on this factor. A finding may be neutral, weigh for or against confusion, or drive the result; each row shows the coded weight and what the Board found. Read the guide to this factor →

Decision	Result	Weight	What the Board found
In re Lasertec Corporation 2026 · GALOIS	Refusal affirmed	Significant	With no limits in either registration, the Board presumed and the evidence showed overlapping channels and customers.
In re Robert Sulic 2026 · BLACK SWAN	Refusal affirmed	Significant	Producers' websites sell both products together, showing at least limited overlap in where consumers buy them.
In re Robert Sulic 2026 · BLACK SWAN VODKA & design	Refusal affirmed	Significant	Producers' websites sell both products together, showing at least limited overlap in where consumers buy them.
In re Jason Jimenez 2025 · GASPER ROOFING (standard characters; ROOFING disclaimed; registration sought under Section 2(f) as to the entirety of the mark)	Refusal reversed	Favored Applicant	Because the services are identical and unrestricted as to trade channels and consumer classes, the Board presumed the services travel in the same ordinary trade and distribution channels and are marketed to the same potential consumers, relying on Viterra and Yawata Iron & Steel.
In re Coventya 2025 · FINIGARD	Refusal affirmed	Significant	Because the goods are legally identical in part with no limitations, the Board presumed the same trade channels and customers; this factor weighed heavily toward confusion.
In re WeGrow Germany GmbH 2025 · WeGrow (stylized with leaf design)	Refusal upheld for the Class 31 plants	Dispositive — Favored Refusal	Neither identification is limited, and the goods travel through the same nurseries, big-box stores, plant stores, and the internet.
Major League Baseball Players Association v. Michael P. Chisena 2023 · HERE COMES THE JUDGE (standard characters, Serial No. 87528440)	The Board sustained the MLBPA's opposition and refused registration of Michael Chisena's…	Favored Opposer	Overlapping goods create presumed overlapping channels — sports venues and sporting goods stores serving baseball fans.
Major League Baseball Players Association v. Michael P. Chisena 2023 · ALL RISE (standard characters, Serial No. 87528414)	The Board sustained the MLBPA's opposition and refused registration of Michael Chisena's…	Favored Opposer	Overlapping goods create presumed overlapping channels — sports venues and sporting goods stores serving baseball fans.
Major League Baseball Players Association and Aaron Judge v. Michael P. Chisena 2023 · Design mark: a gavel and the scales of justice, each end supporting a baseball, superimposed over the outline of a baseball field (Serial No. 87643089)	The Board sustained the MLBPA's and Aaron Judge's joint opposition and refused…	Favored Opposer	Overlapping goods create presumed overlapping channels — sports venues and sporting goods stores serving baseball fans.
Made in Nature, LLC v. Pharmavite LLC 2022 · NATURE MADE (standard characters)	The Board sustained Made in Nature's opposition and refused registration of Pharmavite's…	Favored Opposer	Unrestricted identifications; channels and ordinary general-public purchasers presumed identical or shown to overlap.
Made in Nature, LLC v. Pharmavite LLC 2022 · NATURE MADE (standard characters)	The Board sustained Made in Nature's opposition and refused registration of Pharmavite's…	Favored Opposer	Unrestricted identifications; channels and ordinary general-public purchasers presumed identical or shown to overlap.
Made in Nature, LLC v. Pharmavite LLC 2022 · NATURE MADE (standard characters)	The Board sustained Made in Nature's opposition and refused registration of Pharmavite's…	Favored Opposer	Unrestricted identifications; channels and ordinary general-public purchasers presumed identical or shown to overlap.
In re Guild Mortgage Company 2020 · GUILD MORTGAGE COMPANY and design (three lines above IL)	Refusal upheld	Favored Refusal	Both identifications are unrestricted, so the services travel in overlapping channels and banks may offer both.
In re Country Oven, Inc. 2019 · COUNTRY OVEN	The Board affirmed refusal of the identical mark COUNTRY OVEN for retail and custom…	Favored Refusal	The trade channels overlap.
In re FabFitFun, Inc. 2018 · I'M SMOKING HOT	The Board reversed a refusal to register I'M SMOKING HOT for cosmetics and personal care…	Favored Refusal	With in-part identical goods, the channels and consumers are presumed to overlap.
In re i.am.symbolic, llc 2018 · #WILLPOWER	The Board refused registration of #WILLPOWER, the clothing mark of will.i.am's company…	Significant	Because the overlapping goods have no marketing restrictions, they are presumed to be sold in the same stores to the same shoppers, regardless of will.i.am's celebrity following.
In re Peace Love World Live, LLC 2018 · I LOVE YOU	The Board upheld the refusal to register I LOVE YOU for bracelets on two independent…	Dispositive	The goods are legally identical in part (bracelets/bracelets), so channels of trade and classes of purchasers are presumed identical, and ordinary (not sophisticated) consumers apply.
In re FCA US LLC 2018 · MOAB	Refusal upheld	Favored Refusal	Conversion businesses serve as a conduit through which automotive parts and equipment reach consumers.
In re Solid State Design Inc. 2018 · populace (stylized, with silhouette of a person's head centered within the letter "o")	The Board upheld the refusal to register a stylized "populace" mark with a…	Favored Refusal	Legally identical goods are presumed to travel in identical channels.
In re Fat Boys Water Sports LLC 2016 · HOUSEBOAT BLOB (standard characters; BLOB disclaimed)	Refusal affirmed on both grounds	Dispositive — Favored Refusal	Relying on the legal presumption applicable to legally identical goods (In re Viterra), the Board held Applicant's and Registrant's goods are presumed to move in the same trade channels to the same classes of consumers without requiring separate trade-channel evidence.
In re Bay State Brewing Company, Inc. 2016 · TIME TRAVELER BLONDE (standard characters, BLONDE disclaimed)	Refusal affirmed	Dispositive — Favored Refusal	Because the goods are at least in-part legally identical, the Board presumed identical trade channels and classes of purchasers under Viterra, Yawata, and American Lebanese Syrian, identifying liquor stores, grocery/convenience store beer sections, bars and restaurants as trade channels, and ordinary consumers as the class of purchasers..
In re i.am.symbolic, llc 2015 · I AM	Refusal upheld	Favored Refusal	With no real limitations in either the application or the registration, the goods are presumed to travel the same retail and online channels to the same purchasers; the applicant's celebrity-association phrase imposed no channel restriction.
In re Allegiance Staffing 2015 · ALLEGIANCE STAFFING	Refusal reversed	Favored Refusal	Identical services are presumed to travel in the same channels.
In re Aquamar, Inc. 2015 · MARAZUL	The Board refused registration of MARAZUL for frozen and fresh processed fish, seafood…	Significant	Because the goods are legally identical in part with no limitations, the Board presumed the trade channels and purchasers are the same.
In re Hughes Furniture Industries, Inc. 2015 · HUGHES FURNITURE (and design with H logo and MOTION EAZE RECLINERS)	Refusal upheld	Favored Refusal	Identical unrestricted goods are presumed to travel in the same channels, and the record confirmed both use the same online and showroom channels.
In re Thor Tech, Inc. 2015 · TERRAIN (standard characters)	Refusal reversed	Favored Applicant	Only three of nine websites offered both products; the channels were not sufficiently similar.
In re Covalinski 2014 · REDNECK RACEGIRL and design (two large Rs with checkerboard racing flag pattern, heart shapes, colors black/white/gray)	Refusal reversed	Favored Refusal	For in-part identical goods, the channels and purchasers are presumed the same.

Counts describe this curated library as of its coding date, not all TTAB decisions. Consolidated proceedings can appear once per application.

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