TTAB Says Counterclaim Still Good After No-Confusion Ruling

Law360, New York (October 7, 2013, 5:02 PM EDT) -- The Trademark Trial and Appeal Board ruled last month that a Tennessee playground equipment manufacturer still had standing to seek the cancellation of a rival's mark even after the board ruled that there was no likelihood of confusion between the two.

The precedential ruling came in an opposition proceeding filed by stone producer Delaware Quarries after PlayCore IP Sub Inc. applied to register “Rockscape” for playground equipment. DQ said the mark would be confused with its own trademark for the same word, which it owns for...
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