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TTAB Dismisses Tootsie Roll's "MISTER FLUFFY" Opposition for Failure to Establish Priority

Tootsie Roll swung and missed in its opposition to registration of the mark MISTER FLUFFY for candy. Tootsie's own registrations for FLUFFY STUFF and FLUFFY STUFF COTTON CANDY POPS were not properly submitted and it failed to prove prior common law use. Ergo, the Board dismissed the opposition. Tootsie Roll Industries LLC v. Cormorant Group LLC, Opposition No. 91178031 (January 6, 2009) [not precedential].Standing: The threshold issue for the Board was Tootsie's standing: Tootsie alleged ownership of the two registrations, as well as common law rights. It attempted to submit its registrations with a Notice of Reliance but provided only ordinary copies rather than the status-and-title copies required by Rule 2.122. The Board therefore refused to consider the two registrations...continue to full post

Full post as published by The TTABlog on January 20, 2009 (boomark / email).