The Federal Circuit recently affirmed a decision of the Trademark Trial and Appeal Board that "ANTHONY'S COAL-FIRED PIZZA" was likely to cause confusion with "ANTHONY'S PIZZA & PASTA." The court considered that "Anthony's" was the dominant theme in both marks, and consumers were likely to shorten or abbreviate both ANTHONY'S PIZZA & PASTA and ANTHONY'S COAL-FIRED PIZZA to "Anthony's" or "Anthony's Pizza." The court noted that the Board properly analyzed the marks in their entireties, while appropriately focusing on the dominant element, and that good faith in adopting its marks did not change the likelihood of confusion among members of the public.
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