Invevitable Confusion is Not

Teledyne Technologies, Inc. v. Western Skyways, Inc., [2006-1366, -1367](December 6, 2006)[MICHEL, Linn and Prost] The Federal Circuit affirmed the TTAB’s decision denying cancellation of the mark GOLD SEAL for aircraft engines. Factual findings of the TTAB must be upheld I supported by substantial evidence – i.e., more than a mere scintilla, it must be enough that a reasonable mind might accept as adequate to support a conclusion. The Federal Circuit found that Teledyne put all of its eggs in the inevitable confusion basket, in failing to explain its three year delay in taking action, and that there was substantial evidence to support the conclusion that confusion was not inevitable.