On October 5, 2015 Scott Slavick's article, "When
evidence isn't, fame is fleeting" was published in
InsideCounsel.
Make Sure Strong Evidence Supports Your Claim to Fame,
Says Slavick
At the TTAB, it's critical to submit evidence that supports
the Board in making findings of fact regarding the fame of your
mark, says Brinks' Slavick in his latest article for
InsideCounsel.com.
In Overstock.com, Inc. v. J. Becker Management, the TTAB
concluded that Mattress Overstock was not confusingly
similar to Overstock.com, and dismissed Overstock.com's
opposition to J. Becker's application to register Mattress
Overstock. The Board's denial was largely based on its
conclusion that Overstock.com's key evidence of the fame of its
mark, the company's 2012 annual report, was admissible but not
probative because the Board held it was hearsay.
