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Intellectual PropertyIntellectual PropertyThe Intellectual Property StrategistColumns & Departments

IP News

By Jeff Ginsberg and Collin Y. Hong
August 31, 2025

Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST Marks


On July 23, 2025, a Federal Circuit panel consisting of Judges Prost, Taranto, and Stark found in an opinion authored by Judge Prost that the Trademark Trial and Appeal Board (Board) erred in dismissing Sunkist Growers, Inc’s (Sunkist) opposition to Intrastate Distributors, Inc.’s (IDI) application to register the mark “KIST.” Sunkist Growers, Inc. v. Intrastate Distributors, Inc., Case No. 24-1212. The Board had found that there was no likelihood of confusion between IDI’s KIST mark and Sunkist’s registered marks for SUNKIST. Sunkist, slip op. at 2. Sunkist appealed.

Sunkist is the owner of numerous registrations for SUNKIST for fresh fruits, concentrates and various beverages, including for soft drinks. Id. In 2019, IDI sought to register the mark KIST for soft drinks. Id. at 2-3. Sunkist opposed the registration, arguing likelihood of confusion between the KIST mark when used on soft drinks and SUNKIST’s registered marks. Id. To support its opposition, Sunkist submitted sixteen SUNKIST trademark registrations. Id.

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