Friday, October 01, 2021

Three Recent TTAB Inter Partes Decisions Among the End-of-Fiscal-Year Flurry

The end of the USPTO fiscal year (September 30) yields a flurry of TTAB decisions. Among them are the three briefly described below. The Board held oral argument in each of these cases. The three opinions total a whopping 258 pages, so I will merely summarize the issues and link to the opinions.

STX Financing, LLC v. Stacey Michelle Terrazas, Opposition No. 91240829 (September 22, 2021) [not precedential] (Opinion by Judge Christopher Larkin) [Sustaining in part and dismissing in part this opposition to registration of the marks BAD MOMS UNLIMITED and BAD MOMS BIBLE for audio books, printed matter, clothing, and charitable foundation services, on the ground of lack of bona fide intent, and likelihood of confusion and dilution of opposer's allegedly famous BAD MOMS mark for various goods and services.]

Theragun, LLC v. Theragen, Inc.
, Opposition No. 91250143 (September 24, 2021) [not precedential] (Opinion by Judge Marc Bergsman) [Sustaining opposition to registration of THERAGEN and THERAGEN & Design for "Medical devices, namely, electrostimulatory devices for tissue, bone and/or joint treatment, medical treatment apparel, and a kit comprising an electrostimulatory device and medical treatment apparel" in view of the registered mark THERAGUN for massages apparatus and "vibrating apparatus used to stimulate muscles and increase strength and physical performance for health and medical purposes."]

Lisbeth W. Roy, DO, PA v. Charles E. Runels, Jr., Cancellation No. 92065804 (September 30, 2021) [not precedential] (Opinion by Judge Elizabeth A. Dunn) [Granting in part and denying in part a petition for cancellation of registrations for the marks VAMPIRE FACELIFT, VAMPIRE BREASTLIFT, VAMPIRE NIPPLELIFT, VAMPIRE M SHOT, VAMPIRE O SHOT, VAMPIRE FACIAL, PRIAPUS SHOT, O-SHOT, and ORGASM SHOT for various medical procedures, on the grounds of fraud, genericness, functionality, and mere descriptiveness.]

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Text Copyright John L. Welch 2021.


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