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Renown of "THE BLACK DOG" Marks Brings TTAB 2(d) Victory Over "YELLOW DOG NANTUCKET" for Clothing

In a copiously-illustrated, 54-page decision, the Board sustained Section 2(d) oppositions to registration of the mark YELLOW DOG NANTUCKET in standard character and design form (shown below right) for T-shirts [NANTUCKET disclaimed], finding the marks likely to cause confusion with Opposer's numerous registered and common law marks, including the standing dog design shown below left, the phrase THE BLACK DOG, and combinations and variations thereof, for clothing and other goods and services. The Black Dog Tavern Company, Inc. v. Juras, Oppositions Nos. 91152364 and 91153557 (December 2, 2008) [not precedential]. [TTABlog note: Because yours truly served as co-counsel to Opposer, along with General Counsel Emily LaPointe, this posting will hit just the high points, without editorial commentary...continue to full post

Full post as published by The TTABlog on December 05, 2008 (boomark / email).