Originally posted 2007-11-27 12:27:37. Republished by Blog Post Promoter
Brian Cartmell, CEO of Spam Arrest, passes along the news that Hormel’s preposterous “SPAM trademark” challenge (most recently covered by me here) to the former’s business has been kicked, tin-can like, down the alley of meritless causes. Here’s the opinion.
Some interesting tidbits in this “non-precedential” (ugh) opinion: There’s a lot of technical wrangling regarding who pleaded and who waived what and when. We will leave that to John Welch to sort out. Once again, the now-defunct, preposterous rule regarding the obscure form in which a trademark — which is part of not only the public record but the record of the very agency deciding these cases — comes up, but the TTAB, for a change, acknowledges that everyone in the room has accepted the record as submitted and does not punish anyone for violating its secret-handshake clause.
The board refused to consider the testimony of a trademark “expert” who essentially gave a legal opinion regarding the “fame” of the SPAM mark under the standards of trademark law. The TTAB properly refused to consider what amounted to a legal opinion on the merits from an “expert” — not repeating an error made seemingly every day in District Courts hearing trademark cases.
Here’s the, er, meat of the opinion — the LIKELIHOOD OF CONFUSION analysis: Read More…