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Precedential No. 18: TTAB Grants Summary Judgment Against Applicant Enjoined From Use and Registration of His Mark

By John L. Welch

The Board granted summary judgment to Opposer Daimler Chrysler in its Section 2(d) opposition to registration of the mark FORADODGE for various consulting services. Daimler Chrysler argued that it was entitled to judgment under the doctrine of issue preclusion, based upon a federal court judgment in an Anticybersquatting Consumer Protection Act (ACPA) lawsuit against Applicant Keith Maydak. The Board instead based its grant of summary judgment on the ground that Maydak was permanently enjoined by the federal court from using or registering the term FORADODGE as a mark. Daimler Chrysler Corp. v. Maydak, Opposition No. 91153172 (April 4, 2008) [precedential].Dodge DartApplicant Maydak appealed the adverse ruling of the United States District Court for the Eastern District of Michigan, arguing, inter alia, that the injunction was overly broad...continue to full post

Full post as published by The TTABlog on April 15, 2008 (boomark / email).