The Federal Circuit determined that the TTAB's decision did not sufficiently support the conclusion that SUNKIST and KIST trademarks created different commercial impressions. The ruling blocks KIST from trademark registration, reinforcing SUNKIST's historical brand strength. Both brands have roots in the 1920s, but KIST's trademark rights were abandoned, and it shows no sales activity from 1970 to 2000. In contrast, SUNKIST has maintained an active presence since its relaunch in the 1970s, leading to the conclusion that it is the stronger mark under US trademark law.
In Sunkist Growers, Inc. v. Intrastate Distributors, Inc., the Federal Circuit reversed the TTAB’s dismissal of a likelihood of confusion opposition, blocking KIST's registration.
Both SUNKIST and KIST have trademarks for soft drinks dating back to the 1920s, but KIST's registrations were abandoned in the 2000s.
KIST's brand history lacks evidence of sales from 1970 to 2000, while SUNKIST has operated continuously since its relaunch in the mid-1970s.
Under US trademark law, once a trademark is abandoned, later attempts to resume use cannot reactivate the original priority date.
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