New Orleans Snowball Fight Rages On: SnoWizard Seeks Review of TTAB Mere Descriptiveness Rulings

In the latest chapter of this modern day Battle of New Orleans, SnoWizard has filed a complaint seeking Section 1071(b) review by way of civil action of two Board decisions. [See last TTABlog posting here]. The Board affirmed two Section 2(e)(1) rulings, finding CAJUN RED HOT, Serial No. 77472649, merely descriptive of "flavoring concentrate for non-nutritional purposes, namely, flavoring concentrate for shaved ice confections," and WHITE CHOCOLATE & CHIPS, Serial No. 77471425, merely descriptive of "food flavorings." SnoWizard Inc. v. Kappos, Civil Action No. 11-0880 (E.D. La.). [Complaint here].


Not wanting to be left out in the cold, Southern Snow Manufacturing Co. has moved to intervene. [Memorandum in Support here]. Southern Snow asserts that it has a right to intervene under Rule 24 FRCP because the court's decision in this action may affect already-pending litigation between the parties.

Text Copyright John L. Welch 2011.