Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Precedential No. 17: TTAB Dismisses "SPORTSMAN'S WAREHOUSE" Cancellation Petition, Finding No Likelihood of Confusion and No Fraud

By John L. Welch

In an enervating 49-page decision, the Board tossed overboard a petition for cancellation of a registration for the SPORTSMAN'S WAREHOUSE logo mark [all wording disclaimed] shown immediately below, for retail and wholesale sporting goods store services, finding the mark not likely to cause confusion with Petitioner Bass Pro's registered logo mark BASS PRO SHOPS SPORTSMAN'S WAREHOUSE (shown way below) [SPORTSMAN'S WAREHOUSE disclaimed] for essentially the same retail store services. The Board also threw back into the water Petitioner's claim to common law rights in the word mark SPORTSMAN'S WAREHOUSE, and its claim that Respondent had committed fraud on the PTO. Bass Pro Trademarks, L.L.C. v. Sportsman?s Warehouse, Inc., Cancellation No. 92045000 (April 4, 2008) [precedential]No Fraud: Taking the last issue first, Bass Pro alleged that Respondent had never used its mark in connection with wholesale stores and therefore committed fraud when it filed its use-based application...continue to full post

Full post as published by The TTABlog on April 10, 2008 (boomark / email).