Tuesday, February 01, 2011

TTAB Schedules Eight Final Hearings for February 2011

The Trademark Trial and Appeal Board has scheduled eight (8) oral hearings for the month of February, as listed below. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. [The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

February 9, 2011 - 10 AM: Tempur-Pedic Management, Inc. and Dan-Foam ApS v. FKA Distributing Co., Opposition No. 91185706 [Section 2(d) opposition to TEMP-RITE for mattresses, mattress toppers, pillows, stuffing material, and the like, in view of the mark TEMPUR for mattresses, cushions, pillows, and the like].

February 9, 2011 - 11 AM: In re U.S. Game Systems, Inc., Serial Nos. 75463414, -3415, and -3417. [Refusal to register USGAMESINC for card games, board games, tarot cards, and collectibles, and related retail store and online services, in view of the registered mark U.S. GAMES for "playing equipment for physical exercise games-namely, bats of various sizes and shapes, balls of various sizes and shapes, ring-shaped pucks for a hockey-type game, goals, nets, game boundary markers, and storage and transportation bags and containers for the foregoing sold separately or in combination with the foregoing," and for "mail order services in the field of games, toys, and sporting goods"].

February 10, 2011 - 2 PM: Ms. Anita Dhaliwal v. DVD WORLD Pictures Corp., Opposition No. 91167207 [Opposition to registration of DVD World for "online retail store services and distributorships of DVD movies" and "motion picture production and distribution" on the ground of non-use and mere descriptiveness].

February 15, 2011 - 11 AM: In re in3media, Inc., Serial No. 77171708 [Refusal to register RADIO-INFO.COM for Providing online news and information in the field of radio entertainment personalities, radio entertainment programming, and radio broadcasting, on the grounds of genericness and, alternatively mere descriptiveness and lack of acquired distinctiveness].

February 16, 2011 - 2 PM: Nintendo of America, Inc. v. Adar Golad, Opposition No. 91178130 [Opposition to FLASHBOY for "plug and play interactive video games of virtual reality comprised of computer hardware and software" and "hand-held units for playing video games and electronic games, namely, stand alone video game machines" on the ground of lack of bona fide intent and likelihood of confusion with the registered mark GAME BOY for video game programs and hand-held video games].

February 23, 2011 - 10 AM: AutoZone Parts, Inc. v. Dent Zone Companies, Inc., Cancellation No. 92044502 [Section 2(d) cancellation directed to registration of DENT ZONE in standard character and design form for vehicle maintenance and repair, in view of Opposer's mark AUTOZONE, registered for retail auto parts store services and auto repair services].

February 24, 2011 - 11 AM: Cavern City Tours Ltd. v. Hard Rock Cafe International, Inc., Cancellation No. 92044795 [Petition to cancel a registration for the mark CAVERN CLUB [think "The Beatles" - ed.] for restaurant and bar services, and for t-shirts and other clothing items, on the grounds of false association under Section 2(a) and fraud].

February 24, 2011 - 2 PM: General Mills, Inc. and General Mills IP Holdings II, LLC v. Fage Dairy Processing Industry S.A., Oppositions Nos. 91118482 et al.[Oppositions to registration of TOTAL SHEEPS' YOGHURT for "set yoghurt - made from ewes' milk and yoghurt culture" [SHEEPS' YOGHURT disclaimed] on the grounds of likelihood of confusion and dilution with the registered mark TOTAL for ready-to-eat cereal].

Text Copyright John L. Welch 2011.


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