Registration of a MONOPOLY trademark for use on clothing was sought by a New York-based corporation named

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Registration of a “MONOPOLY” trademark for use on clothing was sought by a New York-based corporation named Tuxedo Monopoly, Inc. The makers of the “MONOPOLY” board game, General Mills Fun Group, opposed the application. The Patent and Trademark Office Trademark Trial and Appeal Board sustained the opposition and would not allow the registration. On appeal to the U.S. Court of Customs and Patent Appeals, Tuxedo’s attorneys argued that monopoly was a common term and that, regardless, there was very little likelihood of confusion between a trademark used on a game and one used on clothing. They also pointed out that the court had previously allowed the registration of the famous “DIXIE” cup mark by a company using it as its mark on waxed paper. If the court finds a likelihood of confusion exists, it will affirm the Board’s decision. How should the court rule? (Tuxedo Monopoly, Inc. v. General Mills Fun Group, Inc., 648 F.2d 1335)

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