TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?
A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks. Maybe he or she was referring to ex parte cases only, but let's see how you do with the three oppositions summarized below. Answer(s) in the first comment.
Little Free Library, Ltd. v Little Legacy Library LLC, Opposition No. 91264613 (February 17, 2023) [not precedential] (Opinion by Judge Cheryl S. Goodman)[Opposition to registration of LITTLE LEGACY LIBRARY for "Books, coloring books, and workbooks for children in fields of personal development, success, achievement, entrepreneurship, and fiscal responsibility” in International Class 16, and for “Classes, seminars, workshops, bootcamps, and podcasts for children in fields of personal development, success, achievement, entrepreneurship, and fiscal responsibility" in Class 42, on the ground of likelihood of confusion with the registered mark LITTLE FREE LIBRARY for "Signs, non-luminous and non-mechanical of metal" in Class 6, "Guest books; Rubber stamps" in Class 16, "wooden boxes with a storage area for books" in Class 20, "Providing a website to promote book exchanges for others" in Class 35, and "Construction of signage and cabinetry" in Class 37.]
World Institute of Scientology Enterprises v. Cristina Ann DiGiacomo, Opposition No. 91268046 (February 22, 2023) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) opposition to registration of WISE UP! for “Consulting services in the field of business management; Business consulting services” in International Class 35 and “Entertainment services, namely, providing podcasts in the fields of business, professional growth, and personal development; Business training in the field of management” in International Class 41, in view of the registered mark WISE for "business management consultation services," in International Class 35 and "educational services, namely, conducting courses and seminars in the fields of administrative training, business management, and business administration" in International Class 41.]
Wilson Sporting Goods Co. v. Christopher S. Dahlander, Opposition No. 91267335 (January 26, 2023) [not precedential] (Opinion by Judge Cynthia C. Lynch) [Section 2(d) opposition to RUNNER GUNNER SLUGGER DERBY for "Organizing sporting events, namely, baseball or softball tournaments, camps, minicamps, derbys, and clinics" in view of the registered mark SLUGGER for, inter alia "arranging and conducting athletic competitions" and "organizing sporting events, namely, baseball competitions, and softball competitions."]
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TTABlogger comment: Hint: not all were sustained.
Text Copyright John L. Welch 2023.
posted by John L. Welch @ 3/02/2023
2 comments
2 Comments:
The first opposition was sustained as to the Class 9 goods, but reversed as to the class 42 services.
The second opposition was sustained.
The third was dismissed.
Correction: The first opposition was sustained as to the Class 16 goods, but reversed as to the class 42 services.
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