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"DICK'S NUTS" Survives Summary Judgment Attack; Bona Fide Intent Remains At Issue

Chicagoan Seth L. Bent beat back a summary judgment attack on his application to register the mark DICK'S NUTS for various clothing and food items (including processed nuts). Opposer American Sports Licensing, Inc. (owner of DICK'S SPORTING GOODS and other DICK'S-formative marks) asserted that Bent lacked a bona fide intent to use his mark, but the motion petered out when the Board found a genuine issue of material fact regarding intent. Bent's testimony regarding his efforts to launch his new business, including his business travels and his filing of an ITU application, outweighed the lack of any documentation corroborating his alleged bona fide intent, at least for purposes of avoiding summary judgment. American Sports Licensing, Inc. v. Seth L...continue to full post

Full post as published by The TTABlog on December 16, 2009 (boomark / email).