TTAB Won't Nix 'Naked' Condom TM After High Court Appeal

By Tiffany Hu (December 21, 2021, 9:01 PM EST) -- The Trademark Trial and Appeal Board has refused to cancel a Florida company's registered trademark on the word "naked" for condoms, unmoved by arguments by an Australian rival that the mark would likely be confused with its own Naked condom brand.

In a 50-page opinion issued Dec. 16, the TTAB said that Australian Therapeutic Supplies Pty. Ltd.'s email communications with Naked TM LLC and actions thereafter indicated that Australian Therapeutic agreed not to use the word "naked" to sell condoms in the U.S.

Specifically, the TTAB pointed to a 2007 email in which Australian said there was "no need" for a...

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