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ARTICLE · 19 APRIL 2022

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

Wolf Greenfield & Sacks
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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. Let's see how you do with the three cases summarized below. Answer(s) in the first comment.

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Oakley, Inc. v. Eric. R. Washington et al., Oppositions No. 91239464 (April 11, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) opposition to registration of OAKLIEN & Design for "jewelry pins for use on hats" and for "hats; shirts; jogging pants; men's and women's jackets, coats, trousers, vests; sweat shirts," in view of the registered mark OAKLEY for sunglasses, clothing, and watches.]

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Sony Pictures Television Inc. v. Damien C. Noorbakhsh and Samir Rajic, Opposition No. 91253443 (April 12, 2022) [not precedential] (Opinion by Judge George C. Pologeorgis).[Section 2(d) opposition to registration of COBRA KAI for "T-Shirts" [KAI disclaimed] in view of the registered marks COBRA KAI

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