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Precedential No. 12: TTAB Sustains "HERE'S JOHNNY" Portable Toilets Opposition on Two Grounds: Res Judicata and No Bona Fide Intent

Granting Opposer's motion for summary judgment, the Board sustained an opposition to registration of the mark HERE'S JOHNNY for portable toilets, on two grounds: Number 1 - res judicata, and Number 2 - lack of bona fide intent. The Board ruled that Opposer, as assignee of the right of publicity of the late entertainer, Johnny Carson, has standing to oppose; that previous court and TTAB rulings applied because the Opposer and Applicant here are "legally equivalent" to the parties in those prior proceedings; and that, because a permanent injunction prevents Applicant from using the the applied-for mark, Applicant cannot have the requisite bona fide intent since its use of the mark would be unlawful. The John W. Carson Foundation v. Toilets.com, Inc...continue to full post

Full post as published by The TTABlog on March 29, 2010 (boomark / email).