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Applying Issue Preclusion, TTAB Grants Summary Judgment In Clash of the Star Registries

The Board granted Applicant ISR's motion for summary judgment on the ground of res judicata, based on a prior Board decision in a consolidated proceeding between the parties. ISR had previously successfully opposed Vaughan's applications to register the mark NAME A STAR for goods and services relating to the naming of (celestial) stars, on the ground of genericness and, alternatively, mere descriptiveness and lack of secondary meaning. Here, Vaughan opposed ISR's application to register the mark shown below for similar goods and services. Tonya S. Vaughan v. International Star Registry of Illinois, Ltd., Opposition No. 91163697 (January 3, 2011) [not precedential].Here, Vaughan claimed likelihood of confusion based upon her alleged rights in the term NAME A STAR for star-registration goods and services...continue to full post

Full post as published by The TTABlog on January 18, 2011 (boomark / email).