Monday, June 20, 2011

Alpha Kitty Roars: Seeks District Court Review of TTAB Dismissal of 2(d) Opposition

Opposer Alpha Kitty/Boss Pussycat failed to get out of its carrying cage in its Section 2(d) opposition to registration of the mark ALPHA KITTY for sound recordings and entertainment services. It suffered a dismissal of its Section 2(d) opposition, even though the involved marks were identical and the goods and services overlapping because it failed to prove standing and priority. [TTABlogged here]. But Alpha Kitty is back with a civil action for review of the TTAB's decision, under 15 U.S.C. Sec. 1071(b). [Complaint here].

New counsel for Alpha Kitty will undoubtedly take advantage of the de novo aspect of this review procedure in order to establish standing and priority, and then we will hear Alpha Kitty roar!

Text Copyright John L. Welch 2011.


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