Monday, June 12, 2006

Yankees Win Again! CAFC Affirms TTAB "BABY BOMBERS" Decision

In a brief, non-precedential opinion, the CAFC affirmed the TTAB's uncitable August 10, 2005 ruling (TTABlogged here), sustaining an opposition to registration of the mark BABY BOMBERS for clothing and athletic wear. The Board had found the mark confusingly similar to the identical mark BABY BOMBERS used by and associated with The New York Yankees and their minor league affiliate, the Staten Island Yankees, for baseball entertainment services. Hart v New York Yankees Partnership, Appeal No. 06-1050 (June 9, 2006).

The CAFC wasted little time in explaining its decision. It ruled that substantial evidence supported the Board's factual findings that the Yankees had priority of use and that BABY BOMBERS is distinctive rather than merely descriptive.

The court likewise held that the Board's factual findings regarding the pertinent dePont factors were supported by substantial evidence, and that the Board did not err in its legal conclusion of no likelihood of confusion.

Thus in less than four pages the CAFC affirmed the TTAB decision.

Text Copyright John L. Welch 2006


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