Appellant Stratus loses trademark case at the CAFC

The case involved analysis of the DuPont factors


The Board considers the so-called “DuPont factors”
when assessing the likelihood of confusion. In re E.I.
DuPont DeNemours & Co., 476 F.2d 1357, 1361 (C.C.P.A.
1973). In the present case, the Board concluded that six of
the thirteen DuPont factors were relevant to UBTA’s opposition. J.A. 10.2 In sum, the Board determined that two
factors “weigh heavily in favor” of finding a likelihood of
confusion, one factor “weighs in favor” of finding a likelihood of confusion, two factors are neutral, and one factor
weighs “slightly” against finding a likelihood of confusion.
Id. at 3–27. We discuss the Board’s finding on each factor
in turn.