TTAB Shuts Down Texas 2(d) "HOME SHOW" Showdown

In this one-sided showdown at the 2(d) corral, Houston-based International Exhibitions was shot down by the first DuPont factor in its opposition to registration of the mark BUILDING A BETTER HOME SHOW for "arranging and conducting trade shows in the field of home and garden products and services." International Exhibitions, Inc. v. A.S.P. Inc., Opposition No. 91159160 (March 29, 2005) [not citable].


San Antonio's A.S.P. Inc. got the jump on International Exhibitions by firing off a summary judgment motion. In response, International shot nothing but blanks: namely, the six registered marks listed below (the first five for trade show services, and the sixth for a magazine).

• FORT WORTH HOME & GARDEN SHOW ("SHOW" disclaimed)
  
• DALLAS HOME & GARDEN SHOW ("SHOW" disclaimed)
  
• TEXAS HOME & GARDEN SHOW ("HOME & GARDEN SHOW" disclaimed)
  
• VACATION, LEISURE & OUTDOOR SHOW BY IEI & Design ("VACATION, LEISURE & OUTDOOR SHOW" disclaimed)
  
  
  
• HOUSTON HOME SHOW ("HOME SHOW" disclaimed)
  
• TEXAS HOME AND GARDEN LIVING ("TEXAS HOME & GARDEN" disclaimed)
  

International audaciously claimed a famous "family" of "HOME SHOW" marks (even though only one of the six registered marks includes that phrase). A.S.P. relied on Internet excerpts, newspaper and magazine articles, and third-party registrations in contending that "HOME SHOW" is generic, and it argued that International's marks were otherwise dissimilar to its mark.

The Board sided with A.S.P., finding the first DuPont factor -- the similarity or dissimilarity of the marks -- to be dispositive. It deemed the term "HOME SHOW" and the terms "HOME" and/or "SHOW" to be "at best, descriptive for the parties' goods and services."

". . . the remaining portions of the parties' marks are the dominant portions upon which purchasing customers would rely to distinguish the sources of their respective goods and services. Those dominant portions of the parties' marks are completely dissimilar and readily distinguishable in all respects."

That was enough for the Board to conclude that "the first DuPont simply outweighs all of the others that might be relevant to this case."

The TTABlog suggests that if you are going to get into a trademark turf battle in Texas, make sure your guns are loaded or you may just meet your Alamo.

Text ©John L. Welch 2005. All Rights Reserved.