The farm boy on Odom's Tennessee Pride Sausage logos show him at an angle from the viewer, wearing a Pilgrim's hat, holding a stick over his right shoulder, smiling with his mouth open, waving with his left hand (index finger pointing up), and sporting bare feet.
Fresh Farm Supermarket's image portrays a farm boy facing straight ahead, with a cowboy hat on his head, a straw of hay in his mouth, a wide grin, his right hand up and open to the viewer, and manly footwear upon his dogs.
Would the Fresh Farm image likely confuse customers into thinking that Fresh Farm products in fact came from Odom's Tennessee Pride?
The Trademark Trial and Appeal Board thought not. It granted summary judgment to Fresh Farm on its application to register its farm boy image as a trademark. The Federal Circuit today affirmed. Odom's Tennessee Pride Sausage, Inc. v. FF Acquisition, Inc., No. 09-1473 (Fed. Cir. Mar. 19, 2010).