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Client Alert - CLL Defeats Greenwise Claim Against Greenway

2015

CLL successfully defeated a claim that Publix’ GREENWISE mark was confusingly similar to A&P’s GREEN WAY mark.

A&P sought to register GREEN WAY as a trademark for various supermarket goods.  Publix, which had used its GREENWISE mark for six years in over 1,000 stores, filed oppositions that subsequently were consolidated.

The Trademark Trial and Appeal Board ruled in favor of our client A&P.  The Board rejected the Publix contention that it’s mark was famous and strong because GREENWISE almost always appeared between PUBLIX and MARKET so the consumer recognition of GREENWISE alone was diminished.  Further, consumers were exposed to a large number of products containing the term “green” so it was weak in trademark significance, and the dominant words “way” and “wise” were readily recognizable as different words with different meanings.

For further information, please contact Deborah K. Squiers

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