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TTAB Finds Confusion Likely Between "IRON MAN" for Bodybuilding Magazines and "IRONMAN" for Nutritional Supplements

In October 2008, the Board held oral argument in Boston in this case, and the attendees were treated to a spirited argument and discussion. This posting will not attempt to cover every issue raised, but instead will hit the high points of the 30-page decision, in which the Board sustained a Section 2(d) opposition to registration of the mark IRONMAN in the design form shown below, for nutritional supplements and related goods, finding the mark likely to cause confusion with Opposer's common law mark IRON MAN for magazines. Ironman Magazine v. World Triathlon Corporation, Opposition No. 91167894 (January 12, 2009) [not precedential].The Board noted that "this case presents a somewhat unusual situation in that the parties involved have both used similar marks for a number of years...continue to full post

Full post as published by The TTABlog on January 14, 2009 (boomark / email).