Mark for Goods Sharing Salient Feature with Incontestable Marks Deemed Functionally Incontestable

The court granted plaintiff’s motion for summary judgment on its validity assertions and determined plaintiff’s ‘089 mark’s registration’s goods classes were functionally incontestable. “The most salient feature of the ’967, ’417, and ’089 registrations is the ‘All in One’ phrase. A review of the certificates for the All in One ’967 and ’417 registrations shows that these incontestable registrations cover the same goods set forth in the goods classes of the ’089 registration. . . . [Accordingly, the] Court grants partial summary judgment to [plaintiff] on Count 1 of the FAC as it pertains to the validity and protectability of the All in One mark ’089 registration as to goods classes.”

Marketquest Group, Inc. v. Societe Bic, S.A. et al, 3-11-cv-00618 (CASD 2018-06-12, Order) (Cynthia Bashant)

2018-06-14T11:27:02+00:00 June 14th, 2018|Docket Report, Trademark|