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Partners Gary Krugman and Kevin Smith Obtain Win for Westin Hotel Management, LP

7/01/2009

The Trademark Trial and Appeal Board has sustained an Opposition filed by Sughrue attorneys Gary D. Krugman and Kevin G. Smith on behalf of firm client Westin Hotel Management, LP ( Starwood Hotel and Resorts Worldwide, Inc. ).  Opposer is the owner of a family of HEAVENLY and HEAVENLY formative marks for mattresses and a variety of bedding related products. Applicant sought registration of the mark MY HEAVENLY HUGS-THE ORIGINAL HEAVENLY THROW for blanket throws.

The TTAB found a likelihood of confusion in as much as the goods were sufficiently related, and "when we view the marks overall, as we must, we conclude that the marks are similar in appearance, sound, connotation and commercial impression.