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

Intellectual Property Law

: The TTABlog

Walgreen Seeks District Court Review of TTAB's "WAL-VERT" Decision

Walgreen has filed a complaint (here) in the United States District Court for the Northern District of Illinois, seeking de novo review (under 15 U.S.C. Sec. 1071(b)) of the TTAB's August 5, 2008 decision in Wyeth v. Walgreen Co., Opposition No. 91165912 (August 5, 2008) [not precedential].[TTABlogged here]. [HT: Pharmalot blog].A divided TTAB panel sustained Wyeth's opposition to registration of the mark WAL-VERT for "antihistamines and allergy relief preparations," finding it likely to cause confusion with Opposer's registered mark ALAVERT for allergy relief and antihistamine preparations. Although Walgreen sells its WAL-VERT product only in its own stores, in packaging that bears the Walgreen house mark and displayed on store shelves next to the ALAVERT product, the panel majority was constrained to consider Walgreen's mark and goods as stated in its application, without any such real-life restrictions...continue to full post

Full post as published by The TTABlog on October 09, 2008 (boomark / email).