In a precedential decision, the Federal Circuit affirmed the TTAB's dismissal of Fuente's opposition to Vaporous Technologies' "X Dot" design mark for oral vaporizers, ruling that even though most DuPont factors were neutral or favored Fuente, the visual and phonetic dissimilarity between the design mark and Fuente's standard-character "X" marks for cigars was sufficient on its own to negate any likelihood of confusion.
