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Test Your TTAB Judge-Ability: Are Condoms and Vibrators Related for 2(d) Purposes?

Line One Laboratories, Inc. petitioned to cancel a registration for the mark IMPULSE for "adult novelty items, namely, vibrators," alleging Section 2(d) likelihood of confusion with its identical mark for "condoms." The Board tossed out Respondent's laches defense, and found that Petitioner Line One had priority of use. The marks were identical, so the key issue before the Board was the relatedness of the goods. What do you think? Line One Laboratories Inc. v. California Exotic Novelties LLC, Cancellation No. 92046155 (March 17, 2010) [not precedential].Laches: To establish laches, a party must show unreasonable delay resulting in prejudice to the other party. Here, the challenged registration issue on September 13, 2005, and that issuance constituted constructive notice to Petitioner...continue to full post

Full post as published by The TTABlog on April 15, 2010 (boomark / email).