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Trademark Bullying: Birth of a TTAB Affirmative Defense?

The USPTO's recent request for comments regarding trademark bullies [TTABlog posting here] has set tongues wagging and minds turning. TTAB veteran Jack Clifford recently posed a new version of the "unclean hands" affirmative defense in Kellogg North America Company v. Malt-O-Meal Company, Opposition No. 91196938: trademark bullying.Kellogg opposed Malt-O-Meal's application to register the mark FROSTED TUMBLE WHEATS for breakfast cereal, claiming likelihood of confusion with its registered marks FROSTED MINI-WHEATS, MINI-WHEATS, and MINI-WHEATS LITTLE BITES for cereal products.Malt-O-Meal's answer includes the following allegations in its Affirmative Defenses:5. Opposer has engaged in a practice of "trademark bullying" which is described as trademark owner that uses its trademark rights to harass and intimidate another business beyond what the law might reasonably interpreted to allow...continue to full post

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