Fame under Dupont - CAFC
- Palm Bay Imports v. Veuve Clicquot Ponsardin, No. 04-4042 (Fed Cir. February 09, 2005): Esteemed Trademark blogger John L. Welch, of the TTABlog, points out that "opposer's proof of the fame of its marks under the fifth duPont factor included 'several WIPO domain name arbitration decisions' that had found Opposer's marks to be famous. Although WIPO examined the fame of the marks on a worldwide basis rather than in the USA only, 'the Board properly noted that such evidence nonetheless provided a 'confirmatory context' for [Opposer's] other evidence of fame.' So one could say that findings in a UDRP decision may have relevance in a TTAB proceeding. I believe this is a first such ruling."
If you're interested in the more trademark related issues in this case be sure to read John's discussion of the decision here: CAFC Clarifies duPont Fame Test In Affirming TTAB's "VEUVE ROYALE" Decision
