New & Noteworthy Trademark Oppositions and Cancellations: The Week of February 9th, 2015

By Josh Gerben, Esq.

This week’s new and noteworthy TTAB proceedings featured potentially immoral clothing brands, stolen TV shows, and a lot of beer.

Calvin Klein Opposes FTCK Mark

Fashion Company Calvin Klein opposed an application for FTCK for clothing, claiming that it is confusingly similar to its registered CK marks. CK also argued in its opposition that FTCK is a scandalous and/or immoral mark because it is an acronym for a mark the Applicant previously tried to register, F##K THE COOL KIDS, which is abandoned after the USPTO issued a scandalous/immoral regusal. It will be interesting to see if the acronym plays a role in deciding whether the mark is immoral, especially given marks like the French Connection’s FCUK mark.

Feb. 9, 2015 – Link to Proceeding

Woman Files Trademark Opposition Against TV Network, Claiming That A&E Stole Her TV Show Name and Idea

Yainal Williams filed a trademark opposition against television network A&E, claiming that A&E stole her idea and name for a reality TV show called MARRIED AT FIRST SIGHT. Last year, Williams filed a lawsuit against A&E for stealing her show idea that she submitted to a website that hosts TV treatments. Williams alleged that A&E filed the application in response to the lawsuit and that they do not own the trademark in the show they claim is based on a Danish television show.

Feb. 10, 2015 – Link to Proceeding

Duke University Opposes DRANK UNIVERSITY Trademark Application for Apparel

Duke University, owner of dozens of DUKE-formative marks, filed a trademark opposition against the mark DRANK UNIVERSITY for t-shirts. Duke University may be overreaching here – the marks share exactly two letters and are not very visually similar.

Feb. 9, 2015 – Link to Proceeding

Beer Brewery Throwdown – Beer and Brewery Opposition Filings

Beer makers are serious about their trademarks. This week, there were several different oppositions and cancellations filed in connection with beer and brewery names.

The makers of Red Stripe beer filed an opposition against the Garden Island Brewing Company’s MAGIC DRAGON ALE application claiming that the mark is confusingly similar to its DRAGON and DRAGON STOUT marks.

The owners of the BECKS filed an opposition against an opposition against the SECKS application for beer, claiming that SECKS is confusingly similar to the large beer brewers BECKS mark.

The Santa Barbara Brewing Company filed a cancellation against the owners of the SANTA BARBARA COMMON ALE and SANTA BARBARA PALE ALE marks, both of which are on the supplemental register, meaning that they have not yet acquired distinctiveness in the marks sufficient to warrant a federal trademark registration. The Santa Barbara Brewing Company’s application for its brewery name and beer names using SANTA BARBARA were issued a refusal because on multiple existing applications and because the marks are primarily geographically descriptive.

The Orlando Brewing Partners filed a cancellation against the MIA Brewing Co. over the MIAMI WEISS mark for beer. The Opposer claimed that the Applicant filed false specimens and knew about the Opposer’s use of the MIAMI WEISS mark before filing the trademark application.

The Rising Tide Brewing Company, alleged owners of the ZEPHYR INDIA PALE ALE mark, filed an opposition against the Zephyr Brewing Company’s ZEPHYR BREWING mark, claiming priority and likelihood of confusion.

The Union Craft Brewing Company filed a trademark opposition against the mark SACTOWN UNION BREWERY.

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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.