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‘Sock It Up’ Trademark Not Barred By ‘Sock It To Me,’ Board Says

June 3, 2020, 10:44 PM

Two sock sellers’ similar trademarks—"Sock It Up” and “Sock It To Me"—can coexist because consumers would perceive their idiom references with “completely different connotations,” a trademark tribunal said.

Aiping Fan, attempting to register “Sock It Up” as a play on the expression “suck it up,” overcame opposition from Sock It Up Inc. in a precedential Trademark Trial and Appeal Board decision.

The ruling shows that varied consumer impressions can outweigh even considerable overlap in trademarks, and that dissimilarity between marks can overcome any other factor in a likelihood of confusion analysis.

The board determined that both companies sold socks in...

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