“P. 12 (b) (6) motion to dismiss counterclaim plaintiff Wal-Mart's Lanham Act and related state law declaratory judgment claims related to Smiley Company's potential use of Wal-Mart's Mr. Smiley Mark, from Wal-Mart's well-known roll back campaign, after the Trademark Trial and Appeal Board ( "TTAB") held that Smiley Company's mark was not distinctive and that the mark would create a likelihood of confusion with Wal-Mart's Mr. Smiley Mark.”
“( "TTAB") in the earlier Harjo ruling (Harjo v. Pro-Football, Inc.,”
“But the TTAB ultimately finesses the question of whether PUSSY, as applied to an energy drink, is scandalous — every reason given why people would understand the scandalous meaning would apply to almost every good or service I could think of, though perhaps some pet-related businesses could get off the hook as double entendres.”
“The TTABlog reports that the TTAB affirmed the refusal of PUSSY NATURAL ENERGY for various beverages, including energy drinks, on scandalousness grounds.”
“Practitioners and the PTO/TTAB accept it too in registration and opposition.”
“Comerical Dos Vinhos Messias, S.A.R.L., 159 USPQ 275 (TTAB 1968) (MESSIAS on wine and brandy scandalous); In re Reemtsma Cigarettenfabriken G.m.b.”
“Apparently the silliness continues at the TTAB level.”
“H., 122 USPQ 339 (TTAB 1959) (SENUSSI on cigarettes scandalous); In re P.J. Valckenberg, GmbH, 122 USPQ 334 (TTAB 1959)”
“The TTAB allowed the application because there was no association of batteries with Switzerland.”
“The TTAB said that, in context, the mark was descriptive.”
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