Likelihood of confusion vaporised in beauty industry case

United States of America

In an unprecedential case, the Trademark Trial and Appeal Board dismissed an opposition filed by Cosmetic Warriors against the mark LUSH VAPOR owned by Tang Diem Tran for liquid e-cigarette flavourings, finding it unlikely to cause confusion with Cosmetic Warriors’ registered mark LUSH for perfumes, cosmetics and toiletry products, and related services.

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