March 27, 2025
FOR IMMEDIATE RELEASE
March 27, 2025
WASHINGTON, DC— Finnegan successfully blocked an attempt by California-based Jack’s Grill and Billiards Inc. to register the mark JACK’S DOWNTOWN RIALTO (with a billiard ball design) due to a likelihood of confusion with the distinctive JACK’S mark owned by firm client Jack’s Family Restaurants.
The Trademark and Trial and Appeal Board (TTAB) held that the California restaurant's mark was confusingly similar to the registered JACK’S marks despite the applicant’s argument that confusion was unlikely because its establishment features alcohol and billiard tables. Additionally, the Board cited the visual similarities between the marks – both feature the word “Jack’s” displayed over a circular design – even though the circle in the applicant’s mark represented a billiard ball.
This opinion underscores the conceptual and commercial strength of the JACK’S mark and adds another important victory to Jack’s’ record of successful protection and enforcement of its valuable brand on the federal trademark register, following on a 2018 TTAB trial win against an application for the mark JACK’S URBAN EATS, which Finnegan also handled.
The case is Jack’s Family Restaurants LP v. Jack’s Grill and Billiards Inc. and was handled by Doug (Chip) Rettew, Jenevieve Maerker, and Alyssa Mottahed.
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