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Midwestern Pet Foods, Inc. (Midwestern) applied for a
trademark on its dog treat product, WAGGIN' STRIPS. The Societe des Produits
Nestle S.A. (Nestle), which holds the trademark on a similar dog treat, BEGGIN'
STRIPS, challenged the application, claiming Midwestern's proposed mark would
infringe on its mark. The Trademark Trial and Appeal Board found Nestle failed
to prove its BEGGIN' STRIPS mark was famous enough that the WAGGIN' STRIPS mark
would dilute it. But it found the proposed WAGGIN' STRIPS mark would likely
confuse consumers because "the goods are identical, the channels of trade
and classes of purchasers are the same, and the marks are similar in
appearance, sound, connotation and commercial impression." It denied the