In Focusvision Worldwide, Inc. v. Information Builders, Inc., No. 20-2054 (Fed. Cir. June 14, 2021), the Federal Circuit affirmed a TTAB decision sustaining the opposition to the registration of the FOCUSVISION mark. After analyzing the factors set forth in In re E.I. DuPont de Nemours & Co., 476 F.3d 1357 (CCPA 1973), the Federal Circuit found no error in the TTAB's weighing of the factors and ultimate finding that a likelihood of confusion existed between the FOCUSVISION mark and Information Builders' FOCUS marks. For a more detailed analysis of this case, please see Finnegan's Incontestable Blog.
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