Precedential No. 8: Webpages Alone Insufficient To Prove Priority, Says TTAB

The Board dismissed this Section 2(d) opposition to registration of the mark WEAPON X MOTORSPORTS for various automotive parts, automotive body kits, and conversions services, finding that Opposer failed to prove priority. Opposer relied on several Internet webpages in attempting to show prior use of the mark WEAPONX, but the factual statements made on those webpages are hearsay and opposer failed to provide corroborating testimony.  WeaponX Performance Products Ltd. v. Weapon X Motorsports, Inc., Opposition No. 91221553 (March 14, 2018) [precedential] (Opinion by Judge George C. Pologeorgis).

Objection to Testimony:

Opposer objected to two testimony declarations submitted by applicant as exhibits to its notice of reliance rather than as separate declarations, thereby supposedly denying opposer the opportunity to cross-examine the witnesses. The Board noted that the two witnesses were properly identified in applicant's pre-trial disclosures