Tuesday, August 08, 2023

TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?

Here are three recent decisions in Section 2(d) oppositions. At least one of the oppositions was dismissed. See if you can guess how they came out, based on looking at the marks and the involved goods and services. Answer(s) in the first comment.

Eden Food, Inc v. Smooth Lounge, Opposition No. 91265174 (August 3, 2023) [not precedential] (Opinion by Judge George C. Pologeorgis) [Section 2(d) opposition to registration of ADAM & EDEN FORMULATIONS (FORMULATIONS disclaimed) for "Dietary supplements; Herbal supplements; Mineral supplements; Nutritional supplements; Vitamin supplements" in view of the registered mark EDEN for, inter alia, dietary food supplements.]

TF Intellectual Property Pty Ltd v. Kenneth Thomas, Opposition No. 91270193 (August 4, 2023) [not precedential (Opinion by Judge Marc A. Bergsman) [Section 2(d) opposition to registration of KULTURE KINGS & QUEENS for "entertainment services in the nature of development, creation, production distribution, and post-production of documentaries about the history and ongoing impact of urban and hip hop culture," in view of the marks CULTURE KINGS, in standard character form, for streetwear style jewelry, bags, including luggage, purses and wallets, clothing, sports equipment, and retail sales services featuring streetwear clothing and accessories.]


OTG Experience, LLC v. Andy Moeckel, Opposition No. 91270860 (August 4, 2023) [not precedential] (Opinion by Judge Cheryl S. Goodman) [Opposition to registration of the mark THE FLIP FLOP GUY (in standard characters) for "Marinades; Sauces" (Class 30) and for "Food preparation; Personal chef services" (Class 43), in view of the registered mark FLIP FLOP PANCAKE SHOP (in standard characters) [PANCAKE SHOP disclaimed], for "Retail store services featuring publications, prepackaged food, candy and beverages" (Class 35) and "Restaurant services; Take-out restaurant services" (Class 43).]

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Text Copyright John L. Welch 2023.

1 Comments:

At 6:42 AM, Blogger John L. Welch said...

The ADAM & EDEN FORMULATIONS opposition was dismissed. In the FLIP FLOP case, the opposition was sustained as to applicant's food preparation and personal chef services, but dismissed as to sauces and marinades

 

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