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TTAB Delivers Split Decision in "IRONMAN" v. "IRON WOMAN" 2(d) Opposition

It took a mere 10 years from the filing of the opposition to the Board's decision in World Triathlon Corp. v. Traditional Medicinals, Inc., Opposition No. 91110391 (November 3, 2008) [not citable]. The Board sustained World Triathlon's challenge to registration of the mark IRON WOMAN for "dietary and nutritional supplements" [IRON disclaimed], finding it likely to cause confusion with Opposer's registered mark IRONMAN TRIATHLON NUTRITION for "food and vitamin supplements" [NUTRITION disclaimed]. However, the Board dismissed the opposition as to Applicant Traditional Medicinal's "herb teas," finding confusion unlikely with respect to Opposer's mark IRONMAN TRIATHLON for bottled water.Opposer started out on the wrong feet, first failing to establish its claim of fame for its IRONMAN and IRONMAN TRIATHLON marks...continue to full post

Full post as published by The TTABlog on November 14, 2008 (boomark / email).