Mr. Recipe’s applications to register the marks JAWS and JAWS DEVOUR YOUR HUNGER were refused based on the earlier registration for JAWS, the movie. Mr. Recipe’s applications covered the following services: streaming of audiovisual material via an Internet channel providing programming related to cooking. Despite the services being specific to programming related to cooking, the Examining Attorney found likelihood of confusion with the registration for JAWS covering “video recordings in all formats all featuring motion pictures.”
On appeal to the TTAB, the Board first considered fame of the registered JAWS mark. The Board discussed that it does not expect Examining Attorneys to submit evidence of fame in ex parte proceedings. In this case, however, the Examining Attorney submitted articles and websites demonstrating that the movie JAWS set the standard for summer blockbusters. The Board found the Examining Attorney’s evidence demonstrated that JAWS has “permeated into general culture” and is a famous trademark for the broad scope of goods covered by the “JAWS” registration.
The Board wound its way through the remaining likelihood of confusion factors and concluded there is a likelihood of confusion. In particular, the Board found that the goods covered by the earlier JAWS registration identify motion pictures without any limitation to the subject matter, meaning the Registrant’s motion pictures may feature cooking. Further, the “video recordings” covered by the JAWS registration and the services “streaming of audiovisual material via an Internet channel” are merely “different conduits for presenting content, reflecting technological advances….”
In re Mr. Recipe, LLC, Serial Nos. 86040643 and 86040656 (TTAB, March 18, 2016) [precedential].
