TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?
A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks. Let's see how you do with the three cases summarized below. Answer(s) in the first comment.
Oakley, Inc. v. Eric. R. Washington et al., Oppositions No. 91239464 (April 11, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) opposition to registration of OAKLIEN & Design for “jewelry pins for use on hats” and for “hats; shirts; jogging pants; men’s and women’s jackets, coats, trousers, vests; sweat shirts,” in view of the registered mark OAKLEY for sunglasses, clothing, and watches.]
Sony Pictures Television Inc. v. Damien C. Noorbakhsh and Samir Rajic, Opposition No. 91253443 (April 12, 2022) [not precedential] (Opinion by Judge George C. Pologeorgis).[Section 2(d) opposition to registration of COBRA KAI for "T-Shirts" [KAI disclaimed] in view of the registered marks COBRA KAI JIU JITSU for "Providing general fitness and mixed martial arts facilities that require memberships and are focused in the fields of general fitness, exercise, and mixed martial arts," and the word-plus-design mark shown below, for "Martial arts uniforms; Martial arts uniforms, namely, gis; Clothing for wear in wrestling games; Fight shorts for mixed martial arts or grappling; Mixed martial arts suits." [KAI and JIU JITSU disclaimed].]
Industria de Diseno Textil, S.A. v. Benzara Inc., Opposition No. 91242880 (April 13, 2022) [not precedential] (Opinion by Judge George C. Pologeorgis). [Section 2(d) opposition to registration of the mark BENZARA for “furniture” (Class 2), “Leather accessory boxes for jewelry; Jewelry cases not of precious metal; Wooden jewelry boxes; Statues primarily of precious metal and also including glass," (Class 14) and "Desktop statuary made of ceramics; Serving Trays; Candle Holders; Cake Stands; Napkin holders; Serving bowls; Toilet tissue holders” (Class 21), in view of the registered marks ZARA for furniture, jewelry, statures and figurines and ZARA HOME for jewelry and statuary [HOME disclaimed].]
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TTABlog comment: How did you do?
Text Copyright John L. Welch 2022.
posted by John L. Welch @ 4/15/2022
3 comments
3 Comments:
All the oppositions were sustained.
Surprised by the OAKLIEN decision until I read it.
Re the Kobra Kai case, can it be deduced that t-shirts are related to pretty much everything? I never fully understood the parameters of the "collateral goods" rule that the TTAB takes judicial notice of even when it's not argued by the party with the incentive to do so.
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