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Greyhound Corp. v. Both Worlds Inc.

Trademark Trial and Appeal Board
6 U.S.P.Q.2d 1635 (1988)


Facts

Both Worlds Inc. (Worlds) (defendant) applied to register a design mark of a defecating dog on its shirts. Greyhound Corp. (Greyhound) (plaintiff), the owner of a registered trademark of a running dog that was used on clothing, toys, sporting goods, hats, buses, and luggage, filed an opposition to Worlds’s application. Greyhound claimed that Worlds’s mark was very similar to Greyhound’s registered trademark and that both marks would be used for similar goods and services. Greyhound argued that Worlds’s mark contained immoral or scandalous matter, Worlds’ mark would falsely suggest a connection with Greyhound or disparage Greyhound, and Worlds’ use of the mark would cause confusion or deceive consumers. Both parties filed for summary judgment with the Trademark Trial and Appeal Board (TTAB).

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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