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Outback Steakhouse Fails to Prove Relatedness of Bottled Water and Beer; TTAB Dismisses 2(d) Opposition

A half-baked, watered-down effort by Outback Steakhouse led to a Section 2(d) setback as the Board dismissed an opposition to registration of the mark AUSTRALIAN OUTBACK RAIN & Design (shown below left) for "bottled drinking water" [AUSTRALIAN OUTBACK disclaimed], finding it not likely to cause confusion with the registered marks OUTBACK for beer and baked goods and OUTBACK STEAKHOUSE & Design (below right) for beer. Outback Steakhouse of Florida, Inc. and OS Asset, Inc. v. Waterworldwide Pty Ltd., Opposition No. 91161384 (January 7, 2009) [not precedential].Opposers problems began when they pleaded 25 registrations but properly introduced only three into the record. They claimed that their marks are "commercially strong" and have "extensive recognition and renown," but they relied solely on "purported facts and anecdotal evidence gleaned from the news articles submitted via their notice of reliance...continue to full post

Full post as published by The TTABlog on January 21, 2009 (boomark / email).