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"GOTHAM BATMEN" Strike Out: TTAB Finds Fraud, Sustains Opposition on Summary Judgment

In a case similar to Medinol, the Board sustained DC Comics' opposition to registration of the marks GOTHAM BATSMEN in standard character and design form [GOTHAM disclaimed], ruling that Applicant Gotham City Networking committed fraud on the USPTO when it falsely amended its use-based application to specify certain entertainment services for which it had never used the mark. DC Comics v. Gotham City Networking, Inc., Opposition No. 91175853 (September 24, 2008) [not precedential].Applicant originally sought to register its marks for "recreational services in the nature of sports teams," but via examiner's amendment changed that to "entertainment services in the nature of softball, baseball, basketball and hockey games." Discovery revealed, however, that Applicant had used the mark only in connection with softball games...continue to full post

Full post as published by The TTABlog on October 23, 2008 (boomark / email).