TTAB Posts May 2019 Hearing Schedule

The Trademark Trial and Appeal Board (TTAB) has scheduled nine (IX) oral hearings for the month of May 2019. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. Briefs and other papers for these cases may be found at TTABVUE via the links provided.



May 1, 2019 - 10 AM: William P. Thomas, III and Carolyn Thomas Walters v. Robert E. Auxier, Consolidated Oppositions Nos. 91219618 and 91221893 [Section 2(d) opposition to registration of the marks CHEETAH BTM & Design for "Clothing, namely, jackets, hats, caps, sweatshirts and t-shirts," and  BILL THOMAS RACE CARS 510 E. JULIANNA ANAHEIM, CALIF. & Design for the same clothing items and for "Providing information on racing, racing results, racing facts, racing films, and racing pictures; provision of a web site featuring information on racing, racing results, racing facts, racing films, and racing pictures; and provision of a web site featuring information on 1956 thru 1970 historical racing films and pictures, production history of replica Bill Thomas Cheetah race cars, and racing facts about the original Bill Thomas Cheetah race cars," in view of the identical marks, and others, for the same or related goods and services].

May 3, 2019 - 1 PM: Hollywood Casino Corp. v. Chateau Celeste, Inc., Opposition No. 91203686 [Opposition to registration of HOLLYWOOD HOTEL for "Bar and cocktail lounge services; Hotel, restaurant and catering services; Providing social meeting, banquet and social function facilities; Provision of conference, exhibition and meeting facilities" on the grounds of non-ownership and likelihood of confusion with the registered mark HOLLYWOOD CASINO for hotel services and casino services].

May 7, 2019 - 2 PM: Kate Spade LLC v. Thatch, LLC, Oppositions Nos. 91216585 and 91217168 [Consolidated oppositions to PATIO BY THE SPADES for clothing and handbags, and THE SPADES for fragrances, on the grounds of likelihood of confusion with, and likelihood of dilution by blurring of, the registered mark KATE SPADE and variations thereof for overlapping goods and related services].

May 14, 2019 - 11 AM: API Industries, Inc. v. Poly-America, L.P., Cancellations Nos. 92062601 and 92062517 [Consolidated petitions to cancel registrations for the mark shown below left, comprising "the color orange as used on the drawstring portion of the goods," for "plastic trash bags," and the mark shown below right, comprising "the color gray as used on the drawstring portion of garbage bags and liners for trash receptacles," for "plastic garbage bags; plastic liners for trash receptacles," on the grounds of functionality and genericness].

May 14, 2019 - 1 PM: In re International Barrel Distributors, Serial No. 87271602 [Refusal to register the mark DEEP TOAST for "wood barrels" on the grounds that the phrase is generic for the goods, or alternatively is not inherently distinctive and lacks acquired distinctiveness].

May 16, 2019 -2 PM: Abronette McDaniel aka Bonnie McDaniel v. Light Shine Media Group, LLC, Cancellation No. 92061045 [Petition to cancel a registration for the mark GOODLIVING for "General feature magazines" on the ground of likelihood of confusion with petitioner's common law rights in the mark GOOD LIVING for, inter alia, on-line non-downloadable general feature magazines].

May 29, 2019 - 10 AM: In re Airboss Of America Corp., Serial Nos. 87472750 and 87472766 [Refusals to register the mark AIRBOSS, in standard character and design form, for "Personal protective equipment for use by first responder, first receiver, military, healthcare, industrial, firefighting, emergency medical services, commercial, law enforcement and other safety-related personnel . . . , " on the ground of likelihood of confusion with the registered mark AIRBOSS for a "self-contained breathing apparatus for use in firefighting"].

May 29, 2019 - 2 PM: Chutter, Inc. v. Great Management Group, LLC, Opposition No. 91223018 and Cancellation No. 92061951 [Consolidated petition to cancel a registration for the mark DANTANNA’S for “steak and seafood restaurant" on the ground of fraud, and opposition to registration of DANTANNA'S for "spices and spice rubs" and DANTANNA'S TAVERN for "restaurant and bar services" on the grounds of likelihood of confusion with the mark DAN TANA'S for restaurant services and marinara sauce, and false association with plaintiff and its predecessor, Mr. Tana]. 

May 30, 2019 - 1 PM: Lupin Pharmaceuticals, Inc. v. Ampel, LLC, Opposition No. 91226322 [Section 2(d) opposition to registration of LuPPiN (in stylized form) for "Education services, namely, providing seminars and one-on one mentoring in the fields of Lupus, Lupus treatment options and the importance of clinical trials; training Lupus patients to teach other Lupus patients about the nature of Lupus, available treatments and the importance of clinical trials," in view of the registered marks LUPIN for a "house mark for full line of pharmaceuticals for medical purposes, but excluding dietary supplements and edible flour" and LUPIN & Design for pharmaceutical preparations for the treatment of various diseases and disorders].

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TTABlog note: Any predictions? See any WYHA?s?

Text Copyright John L. Welch 2019.