Intellectual Property Law
New Matter SUMMER 2019, Volume 44, Number 2
Content
- Federal Circuit Report
- The California Lawyers Association Intellectual Property Alumni
- Intellectual Property Section Executive Committee 2018-2019
- World Ip Day
- Editorial Board
- Letter from the Editor-in-Chief
- Letter from the Chair
- Copyright News
- Ip and Art: An International Perspective
- Intellectual Property Section Interest Group Representatives 2018-2019
- Contents
- Case Comments
- MCLE Self-Study Article
- Ninth Circuit Report
- Ttab Decisions and Developments
- The Licensing Corner
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- 2019 New Matter Author Submission Guidelines
TTAB Decisions and Developments
Jane Shay Wald
Irell & Manella LLP
Opposer’s MSJ Prevailed Where Applicant Applied On Bona Fide Intent, But Failed (No Evidence Supplied)
The Board granted Opposer’s motion for summary judgment, sustaining the opposition. It thereby refused registration, agreeing with Opposer there was no genuine dispute of material fact that Applicant lacked the requisite intent to use his mark when he filed the application. The Board found Applicant had not rebutted Opposer’s prima facie case with any evidence bearing on his intent to use, so that Opposer was entitled to judgment as a matter of law.
The circumstances were as follows. Applicant applied on an intent-to-use basis to register MIRACLE ON 35th STREET for certain paper goods and clothing. Opposer filed an opposition on the basis of its 15 registrations that included the world MIRACLE for apparel.