The Federal Circuit rejected a Nashville brewery owner’s attempt to trademark “Chicken Scratch” for beer, ruling it could confuse consumers because an identical mark exists for restaurant services.
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s May 2023 rejection of R.S. Lipman Brewing Co.’s application in an opinion Monday. The competing restaurant mark isn’t “conceptually weak,” and Lipman Brewing didn’t “dispute that the marks are identical in sight, sound, and appearance,” Judge Alvin A. Schall wrote for a three-judge panel.
The judges determined the TTAB correctly identified a likelihood of consumer …
