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Ms. Universe Opposes

Smith & Hopen PA

Do not file unnecessary papers with the TTABIn Miss Universe L.P. v. Community Marketing, Inc., 82 USPQ2d 1562 (TTAB, May 21, 2007) the U.S. Patent & Trademark Office Trademark Trial and Appeal Board (TTAB) conducted a fairly rigorous du Pont factor analysis to consider whether MISS UNIVERSE and MR. GAY UNIVERSE were confusingly similar.  Unfortunately for Community Marketing, it will have to conduct its pagent under a different trademark while MISS UNIVERSE may continue its quest to roll back gender equality a century or two.  Far more interesting was the TTAB's annoyance with Miss Universe L.P.'s counsel. 

The Board noted "opposer has submitted with its brief an appendix consisting of a nearly six-inch stack of documents, which are duplicates of essentially all of the depositions, exhibits and documents already made of record by the parties at trial."  Id. at 1565.  Even better, the Board was perturbed enough to cite and quote ITC Entertainment Group Ltd. v. Nintendo of America, Inc., 45 USPQ2d 2021, 2022 (TTAB 1998) wherein it stated:

The Board notes that the parties' attorneys have filed unnecessary attachments to motions and briefs.  The stack of such papers is nearly a foot high and weighs in excess of 15 pounds.  Apart from the natural resources wasted on these filings, and the unnecessary and no doubt significant expense to the parties attributable to organizing and copying these papers, the Board has wasted precious time sorting through the case files to determine what documents must be retained and which may be ignored.


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