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TTAB Decides Priority Dispute in ZORLAC Skateboard Clash

IP Ownership guru Pamela Chestek reports here at her Property, Intangible blog on the TTAB's decision in Newton v. Brown, Opposition No. 91174441 (February 7, 2011) [not precedential]. The case boiled down to a priority dispute over the mark ZORLAC for skateboards and apparel. Says Pamela, "This case just stinks. I can't say it's wrongly decided, it just seems so unfair."Pamela summarizes: "Newton opposed Brown's application and the only question was priority. If Brown had abandoned the mark then Newton had priority, since his actual use preceded the intent-to-use application filing date. If the mark was not abandoned then Brown owned it, based on Newton's transfer to him of the mark and its continuous use thereafter. There is little documentary evidence in the case; instead, the Board had to rely on conflicting testimony of adverse parties and biased witnesses to reach its conclusion...continue to full post

Full post as published by The TTABlog on March 15, 2011 (boomark / email).