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Ttab Motown Metal

Ttab Motown Metal

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Published by Marty Schwimmer
TTAB confusion dilution motown metal toy cars
TTAB confusion dilution motown metal toy cars

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Published by: Marty Schwimmer on Jan 17, 2012
Copyright:Attribution Non-commercial


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in International Class 28 be limited to exclude “toys, games

Opposition No. 91176791


and playthings, namely, toy vehicles and accessories

therefore.” Opposer admits that it owns no registration for

any goods in International Class 28 and, in particular, the

registration that is the subject of applicant’s counterclaim

for partial cancellation does not contain any goods in

International Class 28. Thus, applicant’s counterclaim

cannot succeed because the requested relief is irrelevant to

this registration. It is unnecessary to consider the

parties’ arguments regarding the substantive merits of

applicant’s claim. Applicant’s counterclaim is denied and

will be given no further consideration.6

The Record

The record consists of the pleadings and the file of

the involved application as a matter of rule. Additionally,

both parties filed briefs on the case.

The parties stipulated to the submission of testimony

via declarations; to the submission by notice of reliance of

opposer’s evidentiary record in the case of UMG Recordings,

Inc. v. Charles O’Rourke, 92 USPQ2d 1042 (TTAB

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