Property, intangible

a blog about ownership of intellectual property rights and its licensing

Who’s the Baddest Chicks?

(click to enlarge)

You’re an administrative judge with the TTAB.  The entity with the logo second from the left on the bottom of the poster owns a registration for “ATL’s Baddest Chicks.” The entity with the logo on the left, the domain name “” and the phone number 404-607-8772 claims to be the owner of the mark. This is the only piece of evidence in the case. Who wins? Answer here  (it’s a no-brainer – mostly a lesson in why one needs a thing called “evidence”).

Practice note:  There is a lovely summary of the elements of a claim that an application was fraudulent because there was a senior mark: “the party alleging fraud must plead and prove that: (1) there was in fact another user (petitioner, here) of the same or a confusingly similar mark at the time the oath was signed; (2) the other user had legal rights superior to applicant’s; (3) applicant knew that the other user had rights in the mark superior to applicant’s, and either believed that a likelihood of confusion would result from applicant’s use of its mark or had no reasonable basis for believing otherwise; and that (4) applicant, in failing to disclose these facts to the Patent and Trademark Office, intended to procure a registration to which it was not entitled.”

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