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Mesmerized by Fame of "VANITY FAIR" Mark, TTAB Sustains 2(d) Opposition to "VANITY INSANITY" for Clothing

By John L. Welch

Here's the scenario: famous mark holder versus pro se applicant in a TTAB 2(d) opposition. Take a guess as to who wins? Not Applicant Kelly C. Hainline. Like the lady who backed into the airplane propeller, it was "dis-as-ter" when she tried to register the marks VANITY INSANITY, VANITY & SANITY, and VANITY N SANITY for clothing and athletic apparel. The Board found the marks likely to cause confusion with the famous mark VANITY FAIR, registered for underwear, pajamas, and like clothing items. Vanity Fair, Inc. v. Hainline, Oppositions Nos. 91163354, 91166973, and 91166975 (January 15, 2008) [not precedential].Vanity Fair argument?The Board began its analysis with the fifth du Pont factor, the fame of the mark. The record evidence showed that the VANITY FAIR mark has been used for 90 years, and that Opposer's sales and advertising figures [filed under seal] are "very substantial and certainly large enough to support a finding of fame...continue to full post

Full post as published by The TTABlog on January 30, 2008 (boomark / email).