Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST Marks

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August 31, 2025

Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST Marks

The Intellectual Property Strategist

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On July 23, 2025, a Federal Circuit panel consisting of Judges Prost, Taranto, and Stark found in an opinion authored by Judge Prost that the Trademark Trial and Appeal Board (Board) erred in dismissing Sunkist Growers, Inc’s (Sunkist) opposition to Intrastate Distributors, Inc.’s (IDI) application to register the mark “KIST.” Sunkist Growers, Inc. v. Intrastate Distributors, Inc., Case No. 24-1212. The Board had found that there was no likelihood of confusion between IDI’s KIST mark and Sunkist’s registered marks for SUNKIST. Sunkist appealed.

To continue reading Jeffrey Ginsberg's and Collin Hong's article in The Intellectual Property Strategist, please click here.

Firm Highlights

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