Authored by: Jeremy J. Gustrowsky
A recent decision from the Federal Circuit highlights how two trademarks can look somewhat alike but still be considered legally distinct, avoiding confusion in the marketplace. The case involved Tribe of Two, LLC, a company that owns trademarks for purses, wallets, and handbags, and Eritaj Design Corporation, which applied to register a mark for clothing items like shirts, hats, and pants. Tribe of Two challenged Eritaj’s application, arguing that the marks were too similar and could confuse consumers.
The Trademark Trial and Appeal Board (TTAB) reviewed the case using the well-known DuPont factors, a set of 13 criteria used to determine if two trademarks are likely to be confused. While the Board agreed that the goods and sales channels overlapped, it found that the marks themselves were visually distinct and created different commercial impressions. In particular, the Board noted that Eritaj’s mark, while it included the letters “TT,” was stylized in a way that made it look more like a geometric design than a set of letters.
Tribe of Two appealed, arguing that the TTAB put too much emphasis on the visual differences and should have considered the “TT” letters as the dominant feature. The Federal Circuit disagreed, upholding the Board’s decision. The court explained that it’s not improper to focus on certain features of a mark, as long as the overall impression is considered. In this case, the unique styling of Eritaj’s mark was enough to set it apart from Tribe of Two’s, making confusion unlikely.
This decision is a reminder that even when trademarks share some elements, the overall look and feel can be enough to avoid confusion—especially when the marks are used on related but not identical products. For businesses considering new trademarks, it’s important to think about not just the words or letters used, but also how the design and presentation might influence consumer perception.