Chatam International Incorporated

Re Chatam International Incorporated, 03-1504 (CAFC, August 3, 2004): The CAFC (Court of Appeals of the Federal Circuit) affirmed the Trademark Trial and Appeal Board ruling that there was likelihood of confusion between JOSE GASPAR GOLD for tequila and GASPAR’S ALE for ale or beer. The reasons can be summarized as follows: The name JOSE only reinforces that GASPAR is a person’s name; GOLD denotes a premium quality and is descriptive, adding little to the commercial impression of the mark; the term ALE is generic; the remaining terms GASPAR and GASPAR’S convey a similar appearance, sound, connotation and commercial impression; there is substantial evidence that there is a close relationship between beer and tequila.