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TTAB's Loufrani v. Wal-Mart "SMILEY" Case Lands In Chicago Federal Court

Ryan Gile, at his Las Vegas Trademark Attorney blog, reports (here) on Franklin Loufrani's civil action under 15 U.S.C. § 1071(b)(1) seeking judicial review of the TTAB's March 2009 decision in Wal-Mart Stores, Inc. v. Franklin Loufrani, Oppositions Nos. 91150278, 91154632, and 91152145 (March 20, 2009) [not precedential]. [TTABlogged here]. The Board sustained Wal-Mart's opposition to registration of the SMILEY & design mark shown below left, and dismissed Loufrani's opposition to Wal-Mart's version shown below right.Plaintiffs (Loufrani and his assignee, The Smiley Company SPRL, ask the U.S District Court for the Northern District of Illinois to (1) declare its mark to be distinctive, (2) reverse and vacate the portion of the TTAB?s order finding a likelihood of confusion, (3) direct the PTO to issue a Notice of Allowance for Plaintiff?s applications, and (4) reverse and vacate the portion of the TTAB?s decision that found that Wal-Mart's mark had acquired distinctiveness...continue to full post

Full post as published by The TTABlog on November 23, 2009 (boomark / email).