Saturday, January 02, 2010

"CAB CALLOWAY" TTAB Ruling Goes to Southern District of New York for 1071(b) Review

Creative Arts by Calloway, LLC has filed a complaint (here) in the United States District Court for the Southern District of New York, seeking review under 15 U.S.C. Section 1071(b) of the TTAB's October 30, 2009 ruling in Christopher Brooks v. Creative Arts By Calloway, LLC, Opposition No. 91169266 (October 30, 2009) [precedential] [TTABlogged here].

Cab Calloway

The Board ruled that the late bandleader's grandson, Christopher Brooks, has prior rights in the mark THE CAB CALLOWAY ORCHESTRA for musical recordings and entertainment services. It then found confusion likely with the mark CAB CALLOWAY for retail music store and entertainment services and sustained this Section 2(d) opposition against a corporation formed by Calloway's widow and daughters.

Text Copyright John L. Welch 2009.


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