Addressing an opposition to the trademark registration of a band
name, the Trademark Trial and Appeal Board (TTAB) found the
opposer—the originator and continuous user of the
name—to be the owner and prior user. Dave Brock v. Nik
Turner, Opp. No. 91214199 (TTAB, June 28, 2017) (Ritchie,
J).
Dave Brock founded the British band Hawkwind in 1969. The band
began selling records in the United States in 1972 and embarked on
its first stateside tour in 1974. Since Hawkwind's inception,
Brock continuously produced music and performed under the name
Hawkwind. Nik Turner joined the band shortly after its formation
and participated in its first US tour, but left the band only a few
years later. Subsequently, Turner played under different band
names, some of which included the term "Hawkwind." In
2012, Turner applied for the trademark NIK TURNER'S HAWKWIND,
and Brock opposed the registration. After Brock's application
for HAWKWIND was suspended on the ground of likelihood of