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TTAB Vacates "WAL-VERT" Decision Per District Court Order

In an April 21, 2010 ruling (here), the Board vacated its decision in Wyeth v. Walgreen Co., Opposition No. 91165912 (August 5, 2008) [not precedential]. [TTABlogged here]. A divided Board panel had sustained Wyeth's opposition to registration of the mark WAL-VERT for "antihistamines and allergy relief preparations," finding it likely to cause confusion with Opposer's registered mark ALAVERT for allergy relief and antihistamine preparations.Walgreen appealed the TTAB decision to the U.S. District Court for the Northern District of Illinois. [TTABlogged here]. The district court, in a February 1, 2010 order (here), directed the Board to vacate its decision, to deem Application Serial No. 76594301 withdrawn (abandoned) with prejudice, and to dismiss the opposition as moot, all in accordance with an agreement of the parties to settle the civil action...continue to full post

Full post as published by The TTABlog on May 04, 2010 (boomark / email).