Confusion in USPTO translate to District Ct Analysis in attorneys fees/willful

[TataBox]

I was just curious if anyone had any information relating to the usage of a similar registered mark by an infringer, after that infringer already received a rejection by the PTO under 2(d), in later a infringement action in Federal Court.

Does this notice by the USPTO play a role in willfulness?

[JSonnabend]

I haven't had the pleasure of those facts, but it certainly goes to the issue of notice of the senior mark.  Of course, timing of events is important in this scenario (i.e., who knew what when).

- Jeff