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Precedential No. 34: TTAB Okays Stipulation Between Red Sox and "RAD SEX" Applicant to Waive Initial Disclosures

Bostonian Harry F. Chaveriat III, is seeking to register the mark RAD SEX for baseball caps, sweatshirts, t-shirts, and track pants. The Boston Red Sox have balked at the idea and have filed an opposition on the grounds of likelihood of confusion, false connection, and disparagement [TTABlog query: dilution?], and on the ground that the mark is immoral or scandalous. Sounds interesting, even to a White Sox fan like me. Unfortunately this decision deals only with a procedural issue: the Board accepted a stipulation of the parties to "waive any requirement to make initial disclosures in this proceeding." Boston Red Sox Baseball Club Limited Partnership v. Chaveriat III, Opposition No. 91182083 (June 23, 2008) [precedential].After the discovery and settlement conference, the parties filed a consented ?Notice of Waiver of Initial Disclosures,? agreeing to waive the initial disclosures requirement...continue to full post

Full post as published by The TTABlog on July 07, 2008 (boomark / email).