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Precedential No. 7: TTAB Deems Internet Printouts Admissible Via Notice of Reliance

In a significant new interpretation of Rule 2.122(e), the Board held that "if a document obtained from the Internet identifies its date of publication or date that it was accessed and printed, and its source (e.g., the URL), it may be admitted into evidence pursuant to notice of reliance in the same manner as a printed publication in general circulation." [emphasis in original]. The Board dismissed this Section 2(d) opposition, finding the mark DEER-B-GON for "animal repellant used to repel deer and other ruminant animals and rabbits" not confusingly similar to the registered marks DEER AWAY and DEER AWAY PROFESSIONAL for deer repellant [DEER disclaimed]. Safer, Inc. v. OMS Investments, Inc., Opposition No. 91176445 (February 23, 2009).Strength of an incontestably-registered mark: Opposer Safer argued that the incontestability of its registrations under Section 15 is evidence of the strength of its marks; Applicant OMS urged that incontestability does not make a weak mark strong...continue to full post

Full post as published by The TTABlog on March 03, 2010 (boomark / email).