In the unprecedential case of Cosmetic Warriors Limited v Trang Diem Tran (Case 91214890, June 2 2017), the Trademark Trial and Appeal Board (TTAB) dismissed an opposition filed by Cosmetic Warriors against the mark LUSH VAPOR owned by Tang Diem Tran for liquid e-cigarette flavourings, finding that the mark was unlikely to cause confusion with Cosmetic Warriors’ registered mark LUSH for perfumes, cosmetics and toiletry products, and related services. The TTAB found that the unrelatedness of the parties’ goods outweighed the other du Pont factors, including the similarity of the marks and the strength of the opposer’s mark, and obviated a likelihood of confusion.

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