Daniel R. Gray, D.B.A. Daffy Dan's v. Daffy Dan's Bargaintown

NIES, Circuit Judge.

Daniel R. Gray appeals from the decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board, in Concurrent Use No. 571, granting summary judgment in favor of the senior party and prior user, Daffy Dan’s Bargaintown (DDB). Gray, the junior party and later user, seeks a concurrent use registration for substantially the identical mark for identical and closely related services. Gray admits, however, that he is using the mark in DDB’s trading area. Because of the likelihood of confusion arising from this overlapping use, the board held that Gray…