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Precedential No. 33: TTAB Designates Section 2(d) Alligator Decision as Precedential

For some reason, the Board reached back to April 2009 and re-designated its dueling alligator Section 2(d) decision as precedential. It found the design mark shown below left to be likely to cause confusion with the admittedly-famous Lacoste alligator mark shown on the right, both for various, and partly identical, clothing items. Applicant Maxoly, Inc. feebly argued that its mark symbolizes the "Cuban culture" and that its clothing is "directed to the Cuban Community," but the Board found those arguments to be a crock. Lacoste Alligator S.A. v. Maxoly, Inc., Opposition No. 91177866 (April 27, 2009, re-designated as precedential, July 31, 2009). [precedential].Although Lacoste's evidence of fame was "far from impressive," the Board found its mark to be famous in view of Applicant's admission of fame in its answer to the notice of opposition: "it would be unduly prejudicial to require more evidence from opposer in light of applicant's admission...continue to full post

Full post as published by The TTABlog on August 10, 2009 (boomark / email).