Decisions · du Pont factor

Factor 4: Conditions of sale and buyer sophistication

23 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	Favored Applicant	The Board agreed these highly technical machines are bought carefully by informed buyers, but that alone could not overcome identical marks on related goods.
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	Dispositive — Favored Applicant	Neither identification limited roofing services to a particular type or consumer, encompassing both commercial and residential purchasers.
In re Coventya 2025 · FINIGARD	Refusal affirmed	Neutral	The sophisticated-buyer argument failed for lack of evidence, and sophistication would not prevent confusion of overlapping goods under similar marks.
In re WeGrow Germany GmbH 2025 · WeGrow (stylized with leaf design)	Refusal upheld for the Class 31 plants	Neutral	The goods include a homeowner's single-tree purchase, so the least sophisticated purchaser standard applied.
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	Inexpensive casual apparel bought on impulse without great care, increasing confusion.
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	Inexpensive casual apparel bought on impulse without great care, increasing confusion.
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	Inexpensive casual apparel bought on impulse without great care, increasing confusion.
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	Low-cost groceries bought quickly and often on impulse; least sophisticated potential purchaser standard applied.
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	Low-cost groceries bought quickly and often on impulse; least sophisticated potential purchaser standard applied.
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	Low-cost groceries bought quickly and often on impulse; least sophisticated potential purchaser standard applied.
In re Guild Mortgage Company 2020 · GUILD MORTGAGE COMPANY and design (three lines above IL)	Refusal upheld	Favored Applicant	Consumers of financial services exercise some degree of care, weighing slightly against confusion.
In re Country Oven, Inc. 2019 · COUNTRY OVEN	The Board affirmed refusal of the identical mark COUNTRY OVEN for retail and custom…	Favored Refusal	Ordinary consumers buying inexpensive bakery goods favor confusion.
In re American Cruise Lines, Inc. 2018 · AMERICAN CONSTELLATION	The Board allowed AMERICAN CONSTELLATION to proceed to registration for cruise ship…	Dispositive — Favored Applicant	Cruise passengers exercise a heightened degree of purchasing care, corroborated by unrebutted testimony from both companies' officers.
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	Inexpensive cosmetics are bought without heightened care, favoring confusion.
In re I-Coat Company, LLC 2018 · INDIGO (and variants)	Refusal upheld	Dispositive — Favored Refusal	Although applicant limited goods to "through eye care professionals," cited marks are registered without such limitations. Internet evidence shows both corrective lenses and sunglasses sold on same websites. Must…
In re FCA US LLC 2018 · MOAB	Refusal upheld	Neutral	Conversion customers are relatively sophisticated enthusiasts, but the unrestricted automobile identification includes ordinary buyers.
In re Aquitaine Wine USA, LLC 2018 · LAROQUE Cité de Carcassonne and design (word mark with picture of a house behind a field of grape vines with trees bordering both sides of the image; "Cité de Carcassonne" disclaimed)	The Board refused to register a French winery's LAROQUE wine label showing a house and…	Neutral	The identifications include moderately priced wine bought with ordinary care.
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	The overlapping classes of customers supported confusion.
In re Bay State Brewing Company, Inc. 2016 · TIME TRAVELER BLONDE (standard characters, BLONDE disclaimed)	Refusal affirmed	Dispositive — Favored Refusal	The Board took judicial notice that beer is relatively inexpensive, subject to impulse purchase, and often ordered orally, and because the identification contains no price-point limitation, treated the goods as including inexpensive beer purchased on impulse by ordinary consumers held to a lesser standard of purchasing care..
In re i.am.symbolic, llc 2015 · I AM	Refusal upheld	Favored Refusal	These are relatively inexpensive impulse purchases bought by ordinary consumers, and even sophisticated perfume buyers are not immune from confusion when the marks are identical and the goods related.
In re Allegiance Staffing 2015 · ALLEGIANCE STAFFING	Refusal reversed	Favored Applicant	Businesses selecting staffing providers exercise heightened care.
In re Hughes Furniture Industries, Inc. 2015 · HUGHES FURNITURE (and design with H logo and MOTION EAZE RECLINERS)	Refusal upheld	Neutral	Unrestricted identifications must include furniture at all price points, so heightened care could not be assumed.
In re Thor Tech, Inc. 2015 · TERRAIN (standard characters)	Refusal reversed	Favored Applicant	Both products are expensive purchases made with a high degree of care.

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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