Cancellation No. 920505693recordings sold only in Mexico.
With respect topetitioner’s fraud claim, it alleges that registrant madeblatant misrepresentations with malice and an intent todefraud the U.S. Patent and Trademark Office (“USPTO”).Specifically, petitioner alleges that registrant’sfraudulent conduct includes registrant’s assertion that theregistered mark was in use in the United States and thatthe specimen submitted by registrant to show use of itsmark in commerce contained images of albums that are ownedby petitioner and others that were digitally altered.In his answer, registrant denied the salientallegations and alleged several defenses, identified asaffirmative defenses, including that registrant is thelegal owner of the registered mark in the United States andMexico; that registrant has continuously used theregistered mark in interstate commerce in the United States
In its Petition to Cancel, petitioner alleged that registrant“left the group in 1985, thereby losing the right to use thename” and later alleged that after registrant “abandoned theoriginal group, ‘Grupo Pegasso,’ he formed a different groupunder the name ‘
Pegasso del Pollo Estevan
’” (emphasis within).In its trial brief, petitioner also argued that registrantabandoned the GRUPO PEGASSO mark and built its reputation aroundthe mark “Grupo Pegasso del Pollo Estevan.”
Petitioner’sTrial Brief, Docket # 47, p. 34. However unartfully pled, it isclear that registrant recognized petitioner’s abandonment claimas evidenced by his devotion of a section of his Motion forSummary Judgment (
Registrant’s Motion for Summary Judgment,Docket # 10, p. 21) to petitioner’s allegations that registrantabandoned the mark, his identification of abandonment of the markin his Statement of Issues, and his submission of arguments onabandonment in his Trial Brief.
Registrant’s Trial Brief,Docket # 49, pp. 33-35.