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SSJR Wins TTAB Opposition for IMAGE1®
31 July 2009
SSJR won a decision at the Trademark Trial & Board sustaining the opposition it filed on behalf of its client Karl Storz Imaging, Inc (“Opposer”). Opposer is the owner of the trademark IMAGE1 for use on electronic imaging equipment. The opposed mark was IMAGEONE for use in connection with radiology imaging services. The Board ruled in Opposer’s favor after submission of evidence, briefing, and oral argument.
The Board found that the marks are legally identical. Furthermore Opposer proved confusion is likely by demonstrating that the classes of consumers overlap, the channels of trade are the same, and that the goods and services could be used concurrently.