Lilly Pulitzer, Inc. v. Lilli Ann Corporation

KIRKPATRICK, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, 145 USPQ 232, sustaining appellee’s opposition to appellant’s application for registration of the trademark “THE LILLY” for women’s dresses. The opposer is the owner of the trademark “LILLI ANN” for women’s wearing apparel including dresses. There is no question that the opposer is prior in use and that the parties’ goods and customers are, at least in part, the same.

The sole issue is whether the applicant’s trademark so resembles that of the opposer as to be likely, when applied to the goods of the…