In a rare full trial proceeding before the Trademark Trial and Appeal Board, WHIPgroup prevailed in a trademark opposition on behalf of its client Hybrid Athletics, LLC.
During its trial period, Hybrid offered an abundance of evidence of actual confusion, including live testimony from seven witnesses. In a detailed twenty-two page decision, the Board found Hylete’s stylized “H” mark confusingly similar, stating “we find the evidence of actual confusion to be highly persuasive with respect to our likelihood of confusion analysis.” The Board further stated that “[i]t is especially concerning that individuals with a higher level of awareness of the relevant players in the industry, including CrossFit employees and owners of other gyms, could mistakenly believe that there was relationship between Applicant and Opposer based on the stylized H marks.”
Hylete requested reconsideration of the decision, which the Board quickly denied in a separate ten page opinion.
WHIPgroup successfully obtained an Order of Preliminary Injunction in connection with a Complaint and Emergency Motion for Temporary Restraining Order and Preliminary Injunction filed in the U.S. District Court for the Northern District of Georgia [Read More…]
On January 26, 2023, Wes Whitmyer of WHIPgroup will present on patents and trademarks at TechXel’s Venture Expert Series. For event details, click here. View the flyer.
WHIPgroup continues to represent its client’s best interests, filing counterclaims in an ongoing arbitration administered by the American Arbitration Association. WHIPgroup brought claims for breach of contract and unjust enrichment as well as tortious interference [Read More…]