The Board observes that none of the thirdparty registrations is of the mark GARDENER'S CHOICE and none is as similar to registrant's mark as is HDA's Discount Panerai. Although it considers the evidence, the Board determines that the evidence does not result in a scope of protection of the cited mark that does not extend to HDA's mark.

Finally, as to HDA's notation of the prior coexistence of a third-Discount Patek Philippe registration, now cancelled, with the cited registration in this case, the Board responds that this evidence does not warrant a refusal when the likelihood of confusion factors, on balance, weigh in favor of a finding of likelihood of confusion. See, In re Davey Products Pty. Ltd. , 92 USPQ2d 1198, 1206 (TTAB 2009).

Upon review of all the Discount Porsche Design du Pont factors, the Board concludes that a likelihood of confusion exists. To the extent that any doubt might exist as to the correctness of the Board's conclusion, the Board resolves such doubt against HDA. See, In re Martin's Famous Pastry Shoppe, Inc., 748 F.2d 1565, 223 USPQ 1289 (Fed. Cir. 1984).

Accordingly, the Board affirms the refusal to register HDA's mark GARDENER'S CHOICE & des.

(F-219) Playboy Enterprises Replica Chanel Watches, Inc. v. Diane Dickson dba Bunny, Cane. No. 92047717, unpubl'd. Petition to cancel granted in part, September 21, 2010. William T. McGrath of Davis McGrath for petitioner; Mark Murphy Henry of Henry Law Firm for respondent. Seeherman, [Walters], and Zervas, Administrative Trademark Judges (19 pages).

Playboy Enterprises International, Inc. (PEI) filed a petition to cancel Diane Dickson dba Bunny's (Bunny's) registration for the mark BUNNY for "handbags, all Replica Rolex Watches carrying bags, tote bags, traveling bags, shoulder bags, clutch purses, all-purpose athletic bags, backpacks, wallets, coin purses and cosmetic bags sold empty" in International Class 18 and "dresses, skirts, pants, tops, shirts, t-shirts, blouses, sweaters, vests, sleep wear, lingerie, pajamas, bathrobes,