Vagisil Mark's Substantial Commercial Strength a Factor Likely to Cause Confusion with Vagisan

 The Eastern District of Virginia reversed a 2017 ruling by the Trademark Trial and Appeal Board (TTAB) dismissing the opposition to a trademark application to register the mark VAGISAN, filed by Combe, Inc., manufacturer of VAGISIL products. The court determined that consumers could indeed be confused by the similar mark VAGISAN due to the commercial strength of the VAGISIL mark, which the court established to be “famous.” Although there are 66 similar marks on the market that could have weakened the VAGISIL brand, the court found that its commercial strength was beyond enough to show it is a strong mark. In a Confusion Survey Finnegan conducted on behalf of Combe, the court found “persuasive, empirical evidence of actual confusion.” Consequently, the VAGISAN mark was ruled not registrable. Combe was represented by Finnegan.