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P. Diddy Wins TTAB Summary Judgment Over "IDIDDY" For Headphones Due to Non-Use

Record producer, rapper, actor, and fashion designer Sean Puffy Combs a/k/a P. Diddy shellacked Applicant Pacific Rim in an opposition to registration of the mark IDIDDY for "headphones and cases specifically adopted for MP3 players, cell phones and video disc players." Combs alleged Section 2(d) likelihood of confusion with his registered P. DIDDY mark, false suggestion of a connection under Section 2(a), and mere descriptiveness under Section 2(e)(1). But discovery revealed that Pacific Rim had not used the mark prior to the filing of its use-based application to register. Sean Puffy Combs v. Pacific Rim Marketing Inc., Opposition No. 91187342 (December 16, 2010) [not precedential].When Pacific Rim admitted on discovery that it had not shipped or sold any product prior to its filing date, Combs was granted leave to amend his opposition to add a claim that the opposed application is void ab initio due to lack of use in commerce...continue to full post

Full post as published by The TTABlog on January 04, 2011 (boomark / email).