1. Trademark Update
June 13, 2013

2. No Likelihood of Confusion?
• TAMAYA is not confusingly
similar to MAYA
• TTAB found dissimilarity based
on:
– 3 syllables vs. 2
– Different beginning – first part
of mark creates greatest
impression
– Different look and sound
– MAYA is diluted and weak
• While TAMAYA has a meaning
in a foreign language, the TTAB
found the language to be
obsolete and obscure and the
that consumer is likely to
perceive the mark as a coined
term

3. No Disclaimer for “NATURALLY”?
• The PTO refused registration of the mark
NATURALLY POWERED for “all-natural coconut-
based beverages” because applicant refused to
disclaim the word NATURALLY.
– The PTO asserted that NATURALLY is merely
descriptive of the goods not containing synthetics,
chemicals, preservatives, etc.
• The TTAB reversed, holding that NATURALLY
POWERED is a unitary expression
– The multiple elements create an single commercial
impression separate and apart from the meaning of the
constituent terms
– NATURALLY POWERED is a double entendre: the
goods are powered by forces of nature/ the goods are
powered in a natural manner.

4. Facebook Inc. v. Teachbook.com LLC (N.D. Ill 2011)
• FACEBOOK sued TEACHBOOK for
trademark infringement. TEACHBOOK
moved to dismiss for failure to state a claim.
Motion was denied.
– In Europe, FACEBOOK argued it was
distinguishable from FACTBOOK based on the
“aural and conceptual differences between the
marks”
– TEACHBOOK’s website advertised the
TEACHBOOK site as an alternative to
FACEBOOK’s site as a confidential network not
available to students