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WYHO? TTAB Tosses Out Feeble Fraud and Mere Descriptiveness Claims

Eighty-sixing Opposer's fraud and mere descriptiveness claims, the Board dismissed this opposition to registration of the mark METAL GEAR for "enclosures for external computer hard drives" [METAL disclaimed]. Opposer Galaxy alleged that Applicant DAT committed fraud when DAT represented that is was the owner of the mark, but Galaxy failed to prove fraud "to the hilt." And its Section 2(e)(1) claim fell well short of the mark. Would You Have Opposed? Galaxy Metal Gear, Inc. v. Direct Access Technology, Inc., Opposition No. 91184213 (August 10, 2010) [not precedential].Fraud: Galaxy alleged that "[b]oth Opposer and Applicant purchased products with Metal Gear mark from a foreign supplier known as Data Stor [sic], who is the real owner and first user of Metal Gear mark in U...continue to full post

Full post as published by The TTABlog on August 23, 2010 (boomark / email).