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Intellectual Property Law

: The TTABlog

Precedential No. 37: Judge Rogers Beams as Section 2(d) Case is Tried Without Discovery

The Board dismissed a Section 2(d) opposition to registration of the mark ONE FAB FIT for women's foundation garments, undergarments, and intimate apparel, finding the mark not likely to cause confusion with the mark ONE TRUE FIT, registered for outwear, including coats shorts, skirts, jeans, and pants. Opposer Lee failed to establish that the goods are related, and the Board found the marks "dissimilar when viewed in their entireties." In a concurring "opinion," Judge Rogers noted that this case was tried without the benefit of discovery (neither party answered the other's requests), suggesting that "rather limited and focused" discovery may be all that is necessary in a Board proceeding. H.D. Lee Co. v. Maidenform, Inc., Opposition No. 91168309 (May 6, 2008) [precedential]...continue to full post

Full post as published by The TTABlog on July 16, 2008 (boomark / email).

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