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Precedential No. 10: TTAB Sustains "VITAMILK" 2(d) Opposition, Again Rejects a Morehouse Defense

By John L. Welch

I like to call it the "Toothless Tiger of Trademark Law." Others call it the "Morehouse defense." In this opposition to registration of the mark VITAMILK for "soy beverages, namely, fruit juices and fruit drinks made with soy," the Morehouse defense failed again. On summary judgment, the Board found Applicant's mark likely to cause confusion with the identical mark, previously used by Opposer Green Spot for ?a variety of beverage products." Green Spot (Thailand) Ltd. v. Vitasoy Int'l Holdings Ltd., Opposition No. 91165010 (February 21, 2008) [precedential].Applicant did not dispute that concurrent use of the marks in "Latin character" form on these overlapping goods would result in consumer confusion. It contended, however, that its ownership of a registration for the mark shown below (in Chinese characters) for "vegetable based milk substitute made from soya beans" precludes any further harm to opposer under the Morehouse doctrine...continue to full post

Full post as published by The TTABlog on March 03, 2008 (boomark / email).