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Cosmopolitan Magazine Overwhelms "COSMO.COM" Applicant in TTAB 2(d) Opposition

Hearst Communications kicked the living you-know-what out of Applicant Charles Browning Wilson in his attempt to register the mark COSMO.COM for "providing on-line information on available entertainment in various cities." Opposer relied on 31 registrations for marks comprising or containing COSMOPOLITAN or COSMO, established its COSMOPOLITAN mark as famous for magazines, and proved actual confusion. The Board sustained the opposition under Section 2(d). Hearst Communications, Inc. v. Charles Browning Wilson, Opposition No. 91120453 (January 16, 2009) [not precedential].Fame: Because fame plays the role of dominatrix in the likelihood of confusion analysis, the Board first considered this du Pont factor. The mark COSMOPOLITAN has been in use for magazines for more than a century...continue to full post

Full post as published by The TTABlog on January 23, 2009 (boomark / email).