"BUSHWACKER" TTAB Brouhaha Heads to Federal District Court
Sandshaker Lounge has filed a complaint [here] in the U.S. District Court for the Northern District of Florida, seeking Section 1071 review of the TTAB's decision in Sandshaker Lounge and Package Store, LLC v. Quietwater Entertainment, Inc., Cancellation No. 92051644 (January 31, 2013) [not precedential]. Sandshaker sought to cancel a registration for the mark BUSHWACKER for "entertainment services in the nature of a festival featuring live musical groups," on the ground of likelihood of confusion, claiming that it had previously used the identical mark for frozen drinks and for musical events, all of the parties' activities occurring in Pensacola Beach, Florida.
The Board found that Sandshaker did not have priority as to its own festival "since it is one and the same as the festival held by respondent at the same time in essentially the same location."
Moreover, Sandshaker acquiesced in the use of the term BUSHWACKER by Quietwater because the parties used the term concurrently from 1988 to 2009 without complaint by Sandshaker.
Text Copyright John L. Welch 2013.