Cancellation No. 92051490
2 As grounds for cancellation, petitioner alleges thatrespondent has abandoned use of its mark on all of theidentified goods
because it has discontinued use with anintent not to resume such use. Petitioner also alleges thathe filed an application for the standard character markDIDDY-DIRTY MONEY and that respondent’s registration hasbeen cited as a bar to registration of petitioner’s mark.
In its answer, respondent denies the allegations of thepetition to cancel and further asserts that it has notabandoned use of its mark DIRTY MONEY.
On November 24, 2010, petitioner filed a motion forsummary judgment on the claim of abandonment. Respondentcross-moved for summary judgment in its favor onpetitioner’s claim of abandonment and on the issue ofpetitioner’s standing. On May 13, 2011, the Board grantedpetitioner’s motion for summary judgment in part. The Boarddetermined that petitioner established his standing and aprima facie case of abandonment based on respondent’s nonusefrom February 17, 2004 to February, 2009. Thus, the soleremaining issue for final determination is respondent’s
Application Serial No. 77751393, filed on June 3, 2009, for thegoods “clothing, namely, t-shirts, hooded sweatshirts, jackets,sweatshirts; headwear” is based on an allegation of a bona fideintention to use the mark in commerce under Trademark Act Section1(b), 15 U.S.C. § 1051(b).