Tuesday, October 30, 2012

Ron Coleman: "Hardball at the TTAB"

Ron Coleman, at his Likelihood of Confusion blog, comments here on the "shark attack" case TTABlogged here yesterday.


At 4:02 PM, Anonymous Joe Dreitler said...

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

At 2:15 PM, Blogger John L. Welch said...

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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