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KELLOGG CO. v. TOUCAN GOLF, INC.

No. 01-2394.

337 F.3d 616 (2003)

KELLOGG COMPANY, Plaintiff-Appellant, v. TOUCAN GOLF, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 23, 2003.

Attorney(s) appearing for the Case

Daniel S. Mason (argued and briefed), Christopher T. Micheletti, (briefed), Zelle, Hofmann, Voelbel, Mason & Gette, San Francisco, CA, for Plaintiff-Appellant.

Gerard Mantese, (argued and briefed), Mantese & Associates, Troy, MI, John J. Conway (briefed), Detroit, MI, for Defendant-Appellee.

Before SUHRHEINRICH and COLE, Circuit Judges; CARR, District Judge.

OPINION

SUHRHEINRICH, Circuit Judge.

Plaintiff Appellant Kellogg Company appeals from the district court's affirmation of the Trademark Trial and Appeal Board's (TTAB) decision to permit the registration of the word mark "Toucan Gold" by Defendant Appellee Toucan Golf, Inc. (TGI), a manufacturer of promotional golf equipment.

Kellogg claims that TGI's word mark and its corresponding toucan logo create a...

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