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TTAB Cases (52)
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Filed: January 30, 2025 |
91296671
Costco Wholesale Corporation v UPL Speciality Chemicals Ltd
...Mark: Serial No. 79387941 Filed: September 5, 2023 APPLICANT’S ANSWER TO NOTICE OF OPPOSITION UPL Speciality Chemicals Ltd (“UPL”) answers the Notice of Opposition filed by Costco Wholesale Corporation (“Costco”) as follows: With respect to the preamble to the Notice...Costco fails to state a claim upon which relief may be granted. 2....UPL reserves all affirmative defenses under Rule 8(c) of the Federal Rules of Civil Procedure, under the Lanham Act, and in law or in equity that may exist now or in the future be available based on discovery and further factual investigation of this case. 4 WHEREFORE, UPL requests that Costco’s Notice of Opposition be dismissed with prejudice%>...
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Filed: October 15, 2024 |
91294805
Costco Wholesale Corporation v UPL Mauritius Limited and UPL Limited
...In both Oppositions, Costco alleges that the applicants should be denied registration of the applied-for marks (collectively the “TRU NATURE Marks”) based on a likelihood of confusion with Costco’s TRUNATURE mark. Opp. No. 91294805, 1 TTABVUE 8-9; Opp. No. 91296671, 1 TTABVUE 7-8....Applicant filed substantially identical answers in both proceedings, denying Costco’s allegations and asserting two identical affirmative defenses. Opp. No. 91294805, 5 TTABVUE 6; Opp. No. 91296671, 5 TTABVUE 5. II. Argument A.... All of Applicant’s applied-for marks include the term “TRU NATURE,” and that common element is the basis for Costco’s claims. See World Hockey Ass’n, 185 U.S.P.Q. at 248-49 (consolidating oppositions where the applied for marks were “WORLD HOCKEY” and “WORLD HOCKEY CUP”). Costco relies on the same registrations in both oppositions.%>...
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