TTABlog Test: TTAB Rules in Three Section 2(d) Oppositions Argued in June 2023
Last week the Board decided three Section 2(d) oppositions in which it held oral arguments in June 2023. How do you think they came out? Answers in first comment.
Mi-Box Moving and Mobile Storage Inc. v. Mybox Inc., Opposition No. 91265197 (October 12, 2023) [not precedential] (Opinion by Judge Jonathan Hudis) [Opposition to registration of MYBOX for "Modular metallic buildings; transportable metal buildings; prefabricated metal buildings; relocatable metal buildings" (Class 6), "Custom manufacture of modular components of modular buildings, transportable buildings, prefabricated buildings, and relocatable buildings" (Class 40), and "Rental of portable buildings, namely, portable modular buildings, transportable buildings, prefabricated buildings, and relocatable buildings" (Class 43), on the ground of likelihood of confusion with the registered mark MI-BOX for "Moving and storage services, namely, rental, storage, delivery and pick up of portable storage units."]
JetBlue Airways Corporation v. Airblue Limited, Opposition No. 91239609 (October 13, 2023) [not precedential] (Opinion by Judge Karen S. Kuhlke). [Opposition to registration of AIRBLUE for credit card services and air transportation services, on the grounds of likelihood of confusion with, and/or likely dilution of, the mark JETBLUE, and various BLUE-formative marks, for identical services.]
Rockport IP Holdings, LLC, The Rockport Company, LLC v. Joshua George Savoy, Oppositions Nos. 91252440 and 91255819 (October 11, 2023) [Not Precedential] (Opinion by Judge Cynthia C. Lynch). [Opposition by Rockport to registration of the mark shown below left for various clothing items, including footwear, in view of the registered mark shown below center, and the common law mark shown below right, for footwear, and "counter-opposition" by Savoy to registration of the third mark.]
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Text Copyright John L. Welch 2023.
posted by John L. Welch @ 10/17/2023
2 comments
2 Comments:
The first opposition was sustained as to class 6 and 43, but dismissed as to the class 40 services.
The JETBLUE/AIR BLUE opposition was sustained as to both classes.
Rockport proved priority and likelihood of confusion, and so it won both the opposition and the “counter opposition.”
It must have been really frustrating to the Opposer's that these were approved by an examiner in the first place.
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