Clint Fabiosa & Ana Liza Villamor
I.Protect

IN the case of Shen Manufacturing Co. vs. Ritz Hotel Ltd., 393 F.3d 1238 (Fed. Cir. 2004), the plaintiff Shen, since the year 1892, sold dish towels, potholders, and bath towels using the mark “Ritz.”

On the other hand, the defendant Ritz Hotel owned and operated the “Ritz Hotel” in Paris since 1898.

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In 1984 and 1985, Ritz Hotel applied for the registration of the “Ritz” mark for shower curtains, dinnerware, rugs and carpets, cooking and wine glasses, and children’s clothing. Shen opposed the applications.

The court ruled that there is no likelihood of confusion in the specific goods with which the parties used their marks. The court held that there is a powerful association of the Ritz Hotel with affluence and there is no such association in Shen’s “Ritz” mark.

(clint.fabiosa@iprotect.ph / analiza.villamor@iprotect.ph)