New & Noteworthy TTAB Filings: Monster Energy Opposes MONSTER BUCK for knives, Apple opposes SWATCH’s IPOP mark

By Josh Gerben, Esq.

This posts covers the New & Noteworthy filings before the Trademark Trial & Appeal Board from March 2 to March 8, 2015. This week, Marvel continued its assault on marks similar to its characters, troubled clothing store Wet Seal fights off other “wet” marks, and beverage company Sazerac wants everyone to be able to use the phrase “Drink Kentucky Bourbon.”

MONSTER ENERGY Continues Filing Oppositions, This Time Against SEA MONSTER and MONSTER BUCKS

Monster Energy has been featured in almost every New & Noteworthy post since we started. Gerben Law Founder Josh Gerben even talked about Monster’s trademark policies on Fox News. Monster filed an opposition against the mark SEA MONSTER, claiming a likelihood of confusion between the SEA MONSTER alcoholic beverages and Monster’s energy drinks and related goods and services. Monster also filed an opposition against MONSTER BUCKS for “knives” claiming a truly-difficult-to-fathom likelihood of confusion with its MONSTER marks.

3/4/2015 – Link to Proceeding

Marvel Files Oppositions Against Death Fist and Hulk Marks

In the last New & Noteworthy, Marvel & DC formed the ultimate cross-over super team when opposing two SUPERHERO-formative marks. This week, Marvel goes it alone and opposes two marks similar to its characters. Marvel, who owns the IRON FIST mark for comic books, opposed IRON FIST for fitness supplements and a fitness and apparel app. The only overlap appears to be the overly broad ID by the Applicant, who applied in class 9 for an app “for purchasing consumer products and for real time fitness training.” However, this seems like a thin argument to base a likelihood of confusion.

Marvel also filed a notice of opposition against an application for HULK JUICE for nutritional shakes and drink mixes.

3/2/2015 – Link to Proceeding

3/3/2015 – Link to Proceeding

Troubled Clothing Store Wet Seal Still Protecting Trademarks

Teen-fashion company Wet Seal filed three trademark oppositions this week against WET-formative marks. Wet Seal filed an opposition against the application for WETEVER for apparel. It also filed a notice of opposition against applications for WET BOOTY SURF CO and WET SPOT. All three of these seem like “hard sells” from a likelihood of confusion standpoint. The word SEAL does not appear in any of these marks and there are over 400 live trademark filings for apparel using the word “wet”.

3/2/2015 Link to Proceeding

Proceeding 2 Link to Proceeding

3/4/2015 Link to Proceeding

Construction Equipment Manufacturer Caterpillar Files Opposition Against CAT PARTY

Caterpiller, owner of dozens of CAT and CATERPILLER marks, filed a notice of opposition against an application for CAT PARTY for various apparel. This seems like a very unlikely chance of confusion, especially given the distinct commercial impression between the CAT marks and a mark like CAT PARTY.

3/3/2015 – Link to Proceeding

Battle of the Beards

Beards are popular now a-days and they seem to be popular trademarks as well. Beardbrand, LLC filed a notice of opposition against The Beard Baron, LLC over its “beard” logo, seen below. The goods for both marks are beard grooming supplies, such as beard wash, oil, and mustache wax.

3/4/2015 – Link to Proceeding

Right Before Marketing Push for the Apple Watch, Apple files Opposition Against Watch Company Swatch’s I POP Application

The iPod was the device that kicked off the current era of Apple music players, phones, and soon-to-be watches. Apple filed a Notice of Opposition against famous watch maker Swatch’s application for I POP for glasses and battery watches. Is Swatch thinking about getting in on the iAction?

3/4/2015 – Link to Proceeding

Opposition Filed Against DRINK KENTUCKY BOURBEN mark

The Sazerac Company, makers of bourbon from distillers in Kentucky, filed an opposition to the mark DRINK KENTUCKY BOURBEN. Sazerac argued that the mark is one that “no one owner should control.” They argued that the mark is “comprised of a phrase or statement that everyone offering a Kentucky bourbon product or other products marketed and sold in connection with the promotion of Kentucky bourbon, should be able to use freely in the promotion of those goods.”

3/5/2015 – Link to Proceeding

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Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.