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Precedential No. 30: TTAB Grants Summary Judgment in Opposition Because Applicant Was Contractually Prohibited From Using Subject Mark

In 1982, Applicant Karl Storz GmbH reached an agreement with Opposer's predecessor specifying how each may use the word "STORZ" in a trademark or service mark sense. In 1989, Opposer's predecessor wrote to Karl Storz, objecting to use of the mark STORZ THE WORLD OF ENDOSCOPY, shown immediately below. Although Karl Storz responded, Opposer B&L did not pursue the objection until 2003, when it began challenging applications for the mark. The Board ruled that the 1982 agreement prohibits use of the subject mark, and it entered judgment summarily in favor of B&L. Bausch & Lomb Incorporated v. Karl Storz GmbH & Co. KG, Opposition No. 91174518 (May 28, 2008) [precedential].Opposer B&L filed for summary judgment on the ground of likelihood of confusion, but the Board sua sponte chose to rule on the contract issue...continue to full post

Full post as published by The TTABlog on June 06, 2008 (boomark / email).