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Intellectual Property Law

: The TTABlog

Precedential No. 4: TxDOT Wins TTAB 2(d) Tussle Over "DON'T MESS WITH TEXAS" for Clothing

The Board granted plaintiff's summary judgment motion in this Section 2(d) opposition/cancellation proceeding involving two entities owning registrations for the mark DON'T MESS WITH TEXAS for various clothing items. Applicant Richard Tucker admitted that TxDOT had priority of use (TxDOT proved it anyway), and TxDot easily fended off his feeble arguments regarding the lack of "significant" evidence regarding TxDOT's interstate use and the de mimimis nature of its actual confusion evidence. Texas Department of Transportation v. Richard Tucker, Cancellation No. 92030882 and Opposition No. 91165417 (February 5, 2010) [precedential].TxDOT owns four U.S. Registrations and a pending application for the subject mark for its promotional services and various goods including clothing...continue to full post

Full post as published by The TTABlog on February 08, 2010 (boomark / email).

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