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Fame Factor Fuels Victory in TTAB 2(d) Opposition Against "ROAD RUNNER" for Batteries

The "significant fame" of the ROAD RUNNER word and character marks carried Opposer Time Warner to victory in its opposition to registration of the word mark ROAD RUNNER for batteries. The Board found Applicant's goods to be "sufficiently related" to Opposer's action figures, accessories therefor, and hand-held video games, for purposes of the second duPont factor. As usual in oppositions involving marks that are famous under Section 2(d), the Board declined to reach Opposer's dilution claim. Time Warner Entertainment Co., L.P. v. Fleet Wholesale Supply Co., Opposition No. 91155422 (July 10, 2008) [not precedential].After ruling on numerous evidentiary objections, the Board turned to the issue of fame under Section 2(d), keeping in mind that, when found, fame plays a "dominant role" in the duPont analysis...continue to full post

Full post as published by The TTABlog on July 25, 2008 (boomark / email).