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Fraud! TTAB Enters Judgment on the Pleadings Against Applicant Who Admitted Non-Use of Its Mark

Here's a new, albeit not particularly significant, decision for our fraud collection. Applicant Mellbeck Ltd, acting pro se, filed an application [under Sections 1(a) and 44(e)] to register the mark shown below for a "laundry list" of more than fifty clothing items. In its answer to the Notice of Opposition, Mellbeck, a British company, admitted that it does not sell all the goods in this country. Opposer Esprit moved for judgment on the pleadings based on that admission and on a further admission made by Mellbeck in its opposition to the motion. The Board granted the motion, bringing to a halt this PTO train wreck. Esprit IP Limited v. Mellbeck Ltd, Opposition No. 91189412 (June 25, 2009) [not precedential].Applicant's Motion to Amend: The Board first considered Mellbeck's motion to amend its application to list a mere 14 items of clothing...continue to full post

Full post as published by The TTABlog on July 16, 2009 (boomark / email).