This article discusses the precedential decision issued by the Trademark Trial and Appeal Board (TTAB) in In re Bay State Brewing Company, Inc, in which the TTAB affirmed a likelihood of confusion refusal, notwithstanding of the fact that the parties at issue had entered into a consent agreement. The holding serves as a reminder that despite the great weight typically afforded to Consent Agreements, the TTAB is not obligated to accept them if reasonable circumstances still exist for creating confusion in the marketplace.
New York
