Wednesday, November 18, 2009

AUSTINUTS Seeks Review of TTAB 2(d) Decision in Austin Federal District Court

Austinuts, Inc. has filed a complaint (here) in the U.S. District Court for the Western District of Texas (Austin Division), seeking Section 1071(b) review of the TTAB's decision in AQFTM, Inc. v. Austinuts, Inc., Oppositions Nos. 91166551 and 91166552 (August 6, 2009) [not precedential]. [TTABlogged here].

The Board found confusion likely between the mark AUSTINUTS in standard character and design form (above left) for dry roasted nuts, likely to cause confusion with the registered mark AUSTIN, in standard character and design form (above right), for crackers and cookies.

Rather than appeal to the CAFC, Austinuts decided to take the case to its hometown court and ask for a jury trial. Seems like a good idea to me.

Text Copyright John L. Welch 2009.


At 9:13 AM, Blogger Roger Bora said...


I was a bit puzzled by this decision. When I see the mark AUSTINUTS - I perceive it as "Austi Nuts." What's an Austi Nut anyway? Also, the designs are different. We've seen Board decisions go the other way in cases much closer than this. I guess we'll have to wait for the court to crack this nut open and see if it finds likelihood of confusion.



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