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Foreign Manufacturer, Not US Distributor, Owns "NITRO" Marks for Helmets, Says TTAB

By John L. Welch

In a battle over the marks NITRO and NITRO RACING for motorcycle helmets and protective clothing, the Board ruled in favor of Opposer/Petitioner Lloyd Lifestyle in finding that Applicant/Registrant Soaring Helmet was not the owner of the marks at the time it applied for registration. Consequently, the Board sustained Lloyd's opposition and granted its petition for cancellation. Lloyd Lifestyle Ltd. v. Soaring Helmet Corp., Opposition No. 91164265 and Cancellation No. 92045075 (December 11, 2007) [not precedential].Plaintiffs and Defendant were using the same Chinese factory to make their respective helmets, which led to the original contacts between the parties. Plaintiffs claimed that it developed the NITRO products for sale in Europe and, when Defendant expressed an interested in selling the products in the USA, Plaintiffs agreed that they could sell NITRO brand products made by approved manufacturers...continue to full post

Full post as published by The TTABlog on December 26, 2007 (boomark / email).