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Precedential No. 7: TTAB Dismisses 2(d) and Dilution Opposition for Lack of Evidence and Inadequate Pleading

By John L. Welch

Opposer Demon International had a devil of a time in this Section 2(d)/dilution opposition proceeding. It failed to properly plead the dilution claim and it put in no evidence to establish standing or priority on its likelihood of confusion claim. So it lost. Demon In'tl LC v. Lynch, Opposition No. 91166647 (February 5, 2008) [precedential].Applicant William Lynch sought to register the mark shown above for t-shirts and other clothing items. Opposer claimed likely confusion with its mark DEMON for various clothing items, including t-shirts, which it allegedly used since 1999. It also threw in a dilution claim. In his answer, Lynch stated that he "does not dispute said duration of commerce or items of commerce by Petitioner," but he denied likely confusion...continue to full post

Full post as published by The TTABlog on February 21, 2008 (boomark / email).