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Precedential No. 38: "COACH" Loses Triple-Header: 2(d), 2(e)(1), and Dilution

In a 57-page opinion, the Board dismissed this three-pronged opposition brought by Coach Services, Inc., owner of the registered mark COACH for leather goods and various other consumer items. Opposer contended that Applicant Triumph Learning's mark COACH, in standard character form and in the logo form shown below, for educational test preparation materials would be likely to cause confusion with, or dilution of, Opposer's COACH mark. Thirdly, Opposer claimed that Triumph's mark COACH is merely descriptive of Triumph's goods. Coach Services, Inc. v. Triumph Learning LLC, Opposition No. 91170112 (September 17, 2010) [precedential].Standing re 2(e)(1): Applicant Triumph argued that Opposer does not have standing to bring a mere descriptiveness claim because Opposer did not assert the "right or a potential need to use the word 'Coach' descriptively...continue to full post

Full post as published by The TTABlog on September 27, 2010 (boomark / email).