By Julie Laemmle; Alicia Humphrey, Wyatt Summer Associate 2018
In a recently released ruling, the Trademark Trial and Appeal Board (“Board”) dismissed PYRAT RUM’s opposition to registration of PIRATE PISS for beer, ale and lager. Patrón Spirits International AG v. Conyngham Brewing Company, Opposition No. 91226939 (June 8, 2018). The Board, in an opinion authored by Administrative Trademark Judge Thomas W. Wellington, held that PIRATE PISS for beer is not likely to be confused with the already-registered mark PYRAT for rum. By rejecting PYRAT RUM’s challenge, the Board is allowing Conyngham Brewing Company’s application for registration to proceed.
In dismissing the Opposition, the Board took into account a variety of considerations commonly referred to as the “du Pont factors.” The opinion, organized according to the du Pont factors, found the following: Continue reading
By Will Gibbons
Few college football coaches can claim both a legendary record and a unique choice of headwear in the way the late University of Alabama football coach Paul “Bear” Bryant can. The question circulating the legal community of late, however, revolves around the extent to which the University can assert that uniqueness in the form of trademark protection for the houndstooth design emblazoned on Bryant’s signature fedora hat, as well as the right of an administrative court not to conform to the ruling of a District Court.
The case of the Board of Trustees of the University of Alabama and Paul W. Bryant, Jr. v. Houndstooth Mafia Enterprises, LLC, et al. is currently working its way through the federal courts. Before filing suit, the University and Bryant had opposed the Houndstooth Mafia’s trademark registration, which included a logo with a plentiful amount of houndstooth. The Trademark Trial and Appeal Board (“TTAB”), however, found that the Continue reading