May 21, 2014
Recently the Trademark Trial and Appeal Board (“TTAB”) granted The Trademark Company’s Motion for Summary Judgment in the matter of The Burton Corporation vs. Conrad Christopher Clarke, Opposition No. 91198793.
On March 6, 2011 The Burton Corporation filed an Opposition Proceeding seeking to block the registration of the trademark ALIENGEAR DON’T FEAR IT, WEAR IT owned by Mr. Clarke in regard to a line of clothing. Mr. Clarke was initially represented by other counsel in the defense of the matter. However, upon not receiving the desired results quickly enough the matter was transferred to The Trademark Company for further handling.
Following the completion of Plaintiff’s trial period, The Trademark Company quickly moved for summary judgment on the grounds that Plaintiff had failed to provide sufficient evidence upon which the TTAB could find in its favor.
Siding with the Defendant, on April 30, 2014 the TTAB granted The Trademark Company’s Motion for Summary Judgment and dismissed the case with prejudice against the Plaintiff permitting Mr. Clarke’s trademark ALIENGEAR DON’T FEAR IT, WEAR IT to register.