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ARTICLE · 03 DECEMBER 2021

TTABlog Test: How Did These Three Section 2(d) Oppositions Come Out?

Wolf, Greenfield & Sacks, P.C.
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A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks.

United StatesIntellectual Property
John L. Welch
John L. Welch
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A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks. I kid you not! Let's see how you do with the three cases summarized below. Answer(s) in the first comment.

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MG Financial, LLC v. Kiran Sureshbhai Shah, Oppositions Nos. 91250240 and 91250316 (November 15, 2021) [not precedential] (Opinion by Judge Christen M. English). [Section 2(d) oppositions to registration of OLD HARBOR (stylized) for "tea" in view of the standard form mark OLD HARBOR registered for "coffee."]

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Kona USA, Inc. v. Global Esprit Inc., Opposition No. 91244876 (November 22, 2021) [not precedential] (Opinion by Judge Christopher Larkin).[Section 2(d) opposition to KONA81 (Stylized) for various clothing items, including sport shirts, sports jerseys, and sports pants, in view of the registered mark KONA for bicycles and the common law mark KONA for jerseys for cycling, pants for cycling, and

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