MHCS brought an action at the Trademark Trial and Appeal Board (TTAB) seeking to cancel Les Grand Chais de France’s registered mark VEUVE OLIVIER for “sparkling wines,” arguing that it creates a likelihood of confusion with, and dilutes, MHCS’s VEUVE CLICQUOT mark for “champagne.” Although MHCS asserted numerous registrations in its petition for cancellation, all for champagne or sparkling wines—including VEUVE CLICQUOT PONSARDIN, VEUVE CLICQUOT, LA VEUVE (“the widow” in French), THE WIDOW, and LA VIUDA (“the widow” in Spanish)—the TTAB focused on VEUVE CLICQUOT only. Given the strength of MHCS’s mark, the overlap of VEUVE, and the legally identical goods, the TTAB found that VEUVE OLIVIER creates a likelihood of confusion with VEUVE CLICQUOT, and therefore granted MHCS’s petition for cancellation. Having cancelled the registration on likelihood of confusion grounds, the TTAB did not reach MHCS’s dilution claim.
