AUSTINUTS Seeks Review of TTAB 2(d) Decision in Austin Federal District Court
Austinuts, Inc. has filed a complaint (here) in the U.S. District Court for the Western District of Texas (Austin Division), seeking Section 1071(b) review of the TTAB's decision in AQFTM, Inc. v. Austinuts, Inc., Oppositions Nos. 91166551 and 91166552 (August 6, 2009) [not precedential]. [TTABlogged here].
The Board found confusion likely between the mark AUSTINUTS in standard character and design form (above left) for dry roasted nuts, likely to cause confusion with the registered mark AUSTIN, in standard character and design form (above right), for crackers and cookies.
Rather than appeal to the CAFC, Austinuts decided to take the case to its hometown court and ask for a jury trial. Seems like a good idea to me.
Text Copyright John L. Welch 2009.