The TTAB recently reversed a Sectin 2(d) refusal of COUSABLANCA for restaurants in view of CASABLANCA for “Hotel and restaurant services.” In re Couscous Maghrebi Grill LLC, Ser. No. 98085780 (TTAB Apr. 28, 2025). Because the respective services were identical in part, the TTAB presumed that these services travel in the same channels of trade to the same classes of consumers, which weighed heavily in favor of finding a likelihood of confusion. See In re Viterra Inc., 671 F.3d 1358, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012). 

Although the marks COUSABLANCA and CASABLANCA were similar in sound and appearance, the distinction of the diphthong “ou” in COUSABLANCA in place of the letter “a” in CASABLANCA was "critical" here because consumers are generally more inclined to focus on the first syllable or prefix in a mark. See Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005). The TTAB concluded that "the first syllable in each word distinguishes the marks in connotation and commercial impression." 

     Registrant's mark CASABLANCA connotes not only the “city and port on the Atlantic in Western Morocco,” but also the iconic Warner Brothers film starring Humphrey Bogart and Ingrid Bergman. The specimen submitted during prosecution of the cited registration, reproduced below, confirms that Registrant's mark CASABLANCA connotes both the city and movie of the same name, as it shows that Registrant promotes its services in a way to remind consumers of the film “Casablanca.” Cf. In re Integrated Embedded, 120 USPQ2d 1504, 1510 (TTAB 2016) (holding BARR GROUP primarily merely a surname, noting evidence that applicant's co-founder, Michael Barr, is prominently featured on specimens, which also indicate that applicant derived its name from him); Société Civile Des Domaines Dourthe Frères v. S.A. Consortium Vinicole De Bordeaux Et De La Gironde, 6 USPQ2d 1205, 1208 (TTAB 1988) (holding DOURTHE primarily merely a surname, the Board noted applicant's references to “Dourthe” as the name of a particular family and found the surname significance of the term to be reinforced by the appearance on applicant's wine labels of the name and/or signature of an individual named Pierre Dourthe). It consists of an advertising brochure displaying a photo of Humphrey Bogart and Ingrid Bergman, along with the quote “I think this is the beginning of a beautiful friendship” and directly credits the 1942 film “Casablanca.”

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     By contrast, Applicant's mark COUSABLANCA combines the word “couscous” with “Casablanca” to create a portmanteau referencing culinary dishes from that region. “Couscous” is “a North African dish of steamed semolina usually served with meat or vegetables.” The unique spelling of “Casablanca” as COUSABLANCA when used in connection with restaurants services results in a clever double entendre. The primary connotation and commercial impression reflect that of a restaurant specializing in Moroccan dishes serving couscous from Casablanca. Thus, Applicant's mark has its own unique humorous play on words that projects a separate meaning and commercial impression distinct from the film. As a result, when confronted with both marks, prospective consumers are unlikely to assume that Applicant's and Registrant's respective goods originate from the same source.

The TTAB concluded that the dissimilarity of the marks in meaning and commercial impression were so great as to outweigh the other DuPont factors.