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ARTICLE · 26 APRIL 2014

Between A Rock And A RockScape

Brinks Gilson & Lione
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Board upholds PlayCore's standing in counterclaim to cancel, after Delaware Quarries loses opposition to mark on grounds of confusion

United StatesIntellectual Property
Scott Slavick
Scott Slavick
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Recently, in a potentially far-reaching decision, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office ruled that PlayCore IP Sub, Inc., a Tennessee playground equipment manufacturer and owner of the ROCKSCAPE mark, still had standing to seek the cancellation of a rival's mark, Delaware Quarries' ROCKSCAPE mark. This ruling came even after the TTAB ruled that there was no likelihood of confusion between the two parties' marks.

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Originally published by InsideCounsel

This article is intended to provide information of general interest to the public and is not intended to offer legal advice about specific situations or problems. Brinks Gilson & Lione does not intend to create an attorney-client relationship by offering this information and review of the information shall not be deemed to create such a relationship. You should consult a lawyer if you have a legal matter requiring attention. For further information, please contact a Brinks Gilson & Lione lawyer.

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