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Precedential No. 31: Opposer Fails to Prove Priority, Non-Use, and Fraud in "BLACK BELT TV" Brouhaha

Opposer failed to land any of its three offensive thrusts - likelihood of confusion, non-use, and fraud - in its opposition to registration of the mark BLACK BELT TV & Design (shown below) for television programming in the field of martial arts [TV disclaimed]. Its Section 2(d) claim misfired when it could not prove that its common law mark BLACKBELT TV for Internet martial arts broadcasts, achieved acquired distinctiveness before Applicant's first date of use, and its other two claims were factually barren. Threshold.TV, Inc. and Blackbelt TV, Inc. v. Metronome Enterprises, Inc., Opposition No. 91152662 (July 27, 2010) [precedential].Evidentiary rulings: The TTAB first took up several objections to the submission of testimony from a prior civil action between the parties...continue to full post

Full post as published by The TTABlog on August 09, 2010 (boomark / email).