Sunday, July 15, 2007

Boston Duck Tours Wins Injunction Against Super Duck Tours

U.S. District Court Judge Nathaniel Gorton ordered Super Duck Tours to stop using the words “duck tours” and its cartoon duck logo because of their confusing similarities to those of its 13-year-old competitor, Boston Duck Tours. Super Duck Tours was unsuccessful arguing that "duck tours" is generic for amphibious tours. I've read the ruling, and agree with the outcome.

John Welch of TTABlog fame, prosecuted the various BOSTON DUCK TOURS registrations, available for review here, here, here, and here.

SUPER DUCK TOURS registration on the Supplemental Register available here.

Although registrations are very important for a variety of reasons, it should be noted that it is evidence of actual use and likelihood of confusion that wins these cases. We'll see if Super Duck Tours appeal.

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