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"DAYTONA" Trademark Licensee Denied Second Bite at TTAB Apple

HBP, Inc. made a return trip to the Board in order to challenge registration of the mark DAYTONA THUNDERWEAR for women's clothing, but it ran into a TTABrick wall. The Board granted Respondent's motion for judgment on the ground of res judicata, ruling that HBP's claim was barred because of its earlier failed opposition to the same mark. HBP, Inc. v. Becker Designs, Inc., Cancellation No. 92046543 (July 17, 2008) [not precedential].On December 16, 2005, HBP, Inc. v. Becker Designs, Inc., Opposition No. 91154068 (TTABlogged here), the Board dismissed HBP's opposition because of failure to prove standing and priority of use."Opposer has not introduced any evidence or testimony to establish any relationship to the record owner of the registrations or its right to rely on such registrations...continue to full post

Full post as published by The TTABlog on August 15, 2008 (boomark / email).