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On Summary Judgment, TTAB Finds "SUPER HERO" Applicant Lacked Bona Fide Intent

The Board entered summary judgment against pro se Applicant Michael Craig Silver in his attempt to register the mark SUPER HERO for various skin care products. Based on Silver's discovery responses and discovery deposition testimony, Opposers established a prima facie case that Applicant lacked a bona fide intent to use the mark on the goods at the time he filed his application. Silver failed to come forward with sufficient evidence to rebut Opposer's case. DC Comics and Marvel Characters, Inc. v. Michael Craig Silver, Opposition No. 91176744 (August 21, 2009) [not precedential].Standing: Opposers established their standing via two declarations asserting (rather vaguely) that Opposers license their marks, including SUPER HERO and SUPER HEROES, in connection with various products and services, including cosmetics and toiletries...continue to full post

Full post as published by The TTABlog on August 24, 2009 (boomark / email).