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TTAB Summarily Cancels "PLAID" Registration Under Section 2(d)

When the marks are identical and the services nearly so, you've got a shot at summary judgment under Section 2(d). That's what transpired in this cancellation proceeding involving a registration for the mark PLAID for various advertising, marketing, and design services. The Board found that mark likely to cause confusion with the identical mark previously-used by Petitioner for branding, design, advertising and marketing services. Respondent attempted to stir up several genuine issues of fact, but the Board found them immaterial to its ruling. Plaid Inc. (a New York corporation) v. Plaid, Inc. (a Connecticut corporation), Cancellation No. 92049221 (November 23, 2009) [not precedential].What was left to argue about, you might ask? Respondent contended (without evidence) that Petitioner used the mark PLAID only as a trade name, not as a service mark...continue to full post

Full post as published by The TTABlog on November 25, 2009 (boomark / email).