“Whether the Board erred in ruling that FCA’s MOAB trademark, as shown in the Application and when used in connection with goods identified in the Application, so resembles the Cited Mark MOAB INDUSTRIES, shown in Reg. No. 3912705, as to be likely to cause confusion, or to cause mistake, or to deceive, pursuant to Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d), when a District Court, after a four-day trial in litigation brought by the owner of the Cited Mark against FCA, determined in a final decision that such confusion or mistake was not likely.”
“AFFIRMED. See Fed. Cir. R. 36.”