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Precedential No. 21: TTAB Sustains Dilution Claim For the First Time in Seven Years

Not since Hector was a pup has the TTAB sustained a dilution claim. In fact, it had sustained only one (NASDAQ) since dilution became available as a ground for opposition and cancellation in 1999. But the Board has found the mark THE OTHER RED MEAT for "fresh and frozen salmon" to be dilutive of the registered mark THE OTHER WHITE MEAT for "association services namely, promoting the interests of members of the pork industry." A "well-designed" telephone survey demonstrated an association between the marks, and played a crucial role in the Board's decision. National Pork Board and National Pork Producers Council v. Supreme Lobster and Seafood Company, Opposition No. 91166701 (June 11, 2010) [precedential].This posting will not attempt to cover every facet of the decision, but will focus on the elements of the Section 43(c) dilution claim: (1) whether opposer's mark is famous: (2) whether it became famous prior to Applicant's filing date (i...continue to full post

Full post as published by The TTABlog on June 15, 2010 (boomark / email).