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Basing its decision in large part on the determination that a “dietary supplement smoothie” is “legally identical” (the TTAB’s term, not mine) to a nutritional supplement, the TTAB has affirmed a refusal to register ISLAND NUTRITION on likelihood of confusion grounds with the previously registered ISLAND BERRIES.

Decision, In re Donna Stiles, Serial No. 76493965.


Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.