Hornby v. TJX Companies Inc.

87 U.S.P.Q.2d 1411 (2008)

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Hornby v. TJX Companies Inc.

Trademark Trial and Appeal Board
87 U.S.P.Q.2d 1411 (2008)

Facts

Lesley Hornby (plaintiff), also known professionally worldwide as Twiggy, was a model throughout the 1960s and had also used the name “Twiggy” for products, dolls, and clothing sold in the United Kingdom and the United States. TJX Companies Inc. (TJX) (defendant) had used the mark “Twiggy” for its clothing products since 1997 and had registered it in 2000. In 2005, Hornby petitioned the Trademark Trial and Appeal Board for a cancellation of the registration of the mark owned by TJX based on theories of likelihood of confusion, false suggestion of a connection, fraud, and dilution.

Rule of Law

Issue

Holding and Reasoning (Seeherman, J.)

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