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Precedential No. 16: Finding the Marks Entirely Different, TTAB Grants Judgment on the Pleadings in 2(d) Opposition

By John L. Welch

Well here's a seldom-used shortcut to victory: a motion for judgment on the pleadings under FRCP 12(c). Applicant P.A.C. Trading Group sought to register the mark PAC BOOSTER THE PERFECT SOUND for car and home audio and video equipment ["BOOSTER THE PERFECT SOUND" disclaimed]. Ava Enterprises opposed, claiming that Applicant's mark is likely to cause confusion with its registered mark BOSS for automobile audio components. The Board found the first du Pont factor to be dispositive and, despite the overlap in the parties' goods, that a likelihood of confusion cannot exist as a matter of law. Therefore it granted the motion and dismissed the opposition. Ava Enterprises Inc. v. P.A.C. Trading Group, Inc., Opposition No. 91175014 (March 20, 2008) [precedential]...continue to full post

Full post as published by The TTABlog on April 03, 2008 (boomark / email).