Ron Coleman: "Hardball at the TTAB"
Ron Coleman, at his Likelihood of Confusion blog, comments here on the "shark attack" case TTABlogged here yesterday.
posted by John L. Welch @ 10/30/2012
2 comments
The TTABlog®
Keeping Tabs on the TTABTM
by John L. Welch
Tuesday, October 30, 2012
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2 Comments:
I'm not willing to call this bullying because I have no idea how strong - or how diluted - shark designs are for clothing. I am old enough to recall a time when the Izod alligator was worth something. It was worth a lot and was a valuable mark on a line of clothing. the owners at the time (General Mills) went after anyone who put any similar looking creature (including crocodile) on clothes. Regrettably, the brand was counterfeited and line-extended to near death and has come back to life a bit in the last few years.
Is Greg Norman the only shark in the pool for clothing? If so, then I get trying to protect the equity and not watch it get chipped away.
I am only troubled by the idea of doing piecemeal prosecution of the case in the TTAB on less than all of the duPont factors
Any plaintiff could move for partial summary judgment on the issues of standing and priority if it owns a principal registration and no counterclaim for cancellation is filed. Should the Board entertain such motions? Isn't it a waste of everyone's time?
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