Great Concepts, LLC v. Chutter, Inc.: A "Green-Light" For Fraud?

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In 2003, Great Concepts applied to register a trademark for “DANTANNA'S” to be used in restaurant services. The mark was registered in March 2005. In 2005, Dan Tana applied to register DAN TANA for restaurant services, but the USPTO refused registration based on the DANTANNA'S registration.

Subsequently, Tana's successor, Chutter, Inc., petitioned the TTAB to cancel Great Concepts' registration, arguing likelihood of confusion with Tana's common law “DAN TANA” mark. The cancellation proceedings were suspended during the pendency of a civil action, where Tana sued Great Concepts for trademark infringement. Subsequently, the district court granted Great Concepts motion for summary judgment which was subsequently affirmed by the U.S. Court of Appeals for the Eleventh Circuit in July 2010. In December 2010, the TTAB dismissed Tana's cancellation proceeding.