Between a rock and a RockScape

Board upholds PlayCore's standing in counterclaim to cancel, after Delaware Quarries loses opposition to mark on grounds of confusion

Recently, in a potentially far-reaching decision, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office ruled that PlayCore IP Sub, Inc., a Tennessee playground equipment manufacturer and owner of the ROCKSCAPE mark, still had standing to seek the cancellation of a rival's mark, Delaware Quarries’ ROCKSCAPE mark. This ruling came even after the TTAB ruled that there was no likelihood of confusion between the two parties’ marks.

Delaware Quarries had opposed PlayCore's application to register the mark ROCKSCAPE for use in connection with "playground equipment, namely, climbing units," claiming that PlayCore’s mark was likely to cause confusion with Delaware’s identical ROCKSCAPE mark for "stone, gravel or similar products, namely boulders, stone veneer, and crushed stone for use in landscaping, building construction, and paving."

Contributing Author

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Scott Slavick

Scott Slavick is a shareholder at Brinks Gilson & Lione, where his practice focuses primarily on trademark prosecution and trademark litigation. Scott maintains all aspects...

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