The station is carried on channel 10 on cable providers throughout much of the market. Gulf then sold the station to Taft Broadcasting as part of a group deal in That same year, The station moved to its current location on Francis Street outside of downtown High Point. On October 12, , Taft was restructured into Great American Broadcasting after a hostile takeover. The new Taft held onto channel 8 until , when Great American repurchased the station.
Your browser does not support embedded PDFs. Please download the PDF to view it: Download PDF. Seth A. Section 8 affidavit accepted; Section 15 affidavit acknowledged. Second renewal. First renewal. The briefs thus are therefore technically within the page limitations set forth in the rule. However, we note that. Applicants further submitted some 18 pages of exhibits with their briefs, stating that they were made of record during prosecution of the involved applications.
We will not undertake a separate review of the exhibits. To the extent that any papers were not previously made of record, they will not be considered. See Turdin v. Trilobite, Ltd. C, Davenway Dr. Registration No. Registration Nos. In contrast, there is no evidence the Cited Marks have a similar meaning or commercial impression, or a connection with a famous personality or individual.
Kimsaprincess Inc. File No: Date Issued: Type of Case: TTAB Panel: Attorney Mark: DASH stylized and non-stylized [retail store services featuring apparel, footwear, and fashion accessories, but excluding, eyewear, namely, eyeglasses,. Opinion by Cataldo, Administrative Trademark Judge: The Examining Attorney denied the requests for reconsideration.
The refusals have been fully briefed by Applicants and the Examining Attorney. However, we note that 2 Serial Nos. References to the record cite to Application Serial No. See also In re Majestic Distilling Co. In addition, the term DASH appears to have different meanings in at least some of the business names, e. The following examples are illustrative: In addition, we cannot ascertain to what extent the third-party Internet names have received significant public exposure, such that consumers would be aware of the various DASH usages.
Even some of the boutiques shown in the webpages appear to be local in nature, such that they must be considered isolated examples. Applicants also made of record copies of approximately eighty-five third- party registrations for DASH-formative marks for a variety of goods and services, of which the following are most relevant: The following examples, all for the mark DASH, are illustrative: With regard to these third-party registrations, we first note that such registrations are not evidence of use of the marks shown therein and, therefore, are not proof that consumers are familiar with said marks so as to be accustomed to the existence of similar marks in the marketplace.
See Smith Bros. Stone Mfg. Franklin Mint Corp. In the present case, there appear to be several meanings to the word DASH, depending on the other wording in the marks. See Spoons Restaurants Inc. Morrison Inc. June 5, In re Broadway Chicken, Inc. The mark in Registration Nos. Trademark Rule 2. See Trademark Rule 2. It is settled that marks presented in typed or standard characters are not limited to any particular depiction. The rights associated with a mark in standard characters reside in the wording and not in any particular display.
In re Viterra Inc. Applicants argue that their marks evoke their owners, the Kardashian sisters Kim, Khloe and Kourtney, and introduced into the record with their November 28, response evidence in the form of Internet postings and a wikepeida. In re Shell Oil Co. The identity of the words, connotation, and commercial impression weighs heavily against the applicant. See Octocom Sys. Houston Computers Servs. It is not necessary that the respective goods or services be competitive, or even that they move in the same channels of trade to support a holding of likelihood of confusion.
It is sufficient that the respective goods and services are related in some manner, or that the conditions and activities surrounding the marketing of the goods and services are such that they would or could be encountered by the same persons under circumstances that could, because of the identity of the marks, give rise to the mistaken belief that they originate from the same producer. In re Melville Corp. See also Amcor, Inc. Amcor Industries, Inc. In support of the refusal to register, the Examining Attorney introduced into the record with his December 21, Final Office Action evidence from Internet websites for retail stores to show that retail stores featuring apparel, footwear and fashion accessories carry clothing of the types recited in the cited Registration No.
The following are illustrative: There are numerous cases in which likelihood of confusion has been found when the same or similar mark is used for goods, on the one hand, and for services involving those goods, on the other hand. Steelcare Inc. In particular, the Board has often found a likelihood of confusion between marks that were used on apparel, on the one hand, and stores featuring apparel on the other.
See, e. Shoe Corp. The Examining Attorney also introduced into the record with his December 21, Final Office Action evidence from Internet websites of to show that retail stores featuring apparel, footwear and fashion accessories also carry eyewear of the type recited in Registration No. However, the evidence that retail stores offer clothing, accessories and eyewear is insufficient to support a finding that eyewear on the one hand, and retail stores featuring apparel and footwear but not eyewear on the other, are related for purposes of our likelihood of confusion determination.
As such, this du Pont factor favors a finding of likelihood of confusion as to that registration. See Kellogg Co. Accordingly, we confine our analysis regarding the remaining du Pont factors to cited Registration No. See Octocom Systems, Inc. See also Paula Payne Products v. Johnson Publishing Co. Because there are no recited trade channel restrictions in either the involved applications or Registration No.
Camera-Mart, Inc. As such, this du Pont factor favors a finding of likelihood of confusion as to Registration No. Lack of Actual Confusion The final du Pont factor discussed by Applicants and the Examining Attorney is that of the lack of instances of actual confusion. Applicants assert that the absence of actual confusion since suggests there is no likelihood of confusion.
However, it is not necessary to show actual confusion in order to establish likelihood of confusion. See Weiss Associates Inc. HRL Associates Inc. See In re Majestic Distilling Co. Conclusion After considering all of the evidence properly of record and arguments pertaining to the du Pont likelihood of confusion factors, we find that because the marks are legally identical, the goods in Registration No. However, because there is insufficient evidence that the goods in Registration No.
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Your browser does not support embedded PDFs. Please download the PDF to view it: Download PDF. Seth A. Section 8 affidavit accepted; Section 15 affidavit acknowledged.
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On the road at No. The matchup marked the third time the two teams met during the season, and served as the rubber match between the Lady Raiders and Lady Buccaneers. Entering the night, the Lady Raiders were on the outside looking in of the 4A state playoffs, and a run through the tournament could have meant a possible seed. Our defensive game plan worked to a T until No. The only thing that does is give us confidence to push our lead out more. We have to get better at shooting. Richmond started the game on an run that saw sophomore Jakerra Covington net four of her eight total points. The Lady Raiders held the lead for the majority of the first eight minutes before Jack Britt closed the final 2: Five different Richmond players scored in the quarter, with sophomore Jayla McDougald leading with five points. Her, along with junior teammates Layne Maultsby and Hailey Miller and senior Taliah Wall, closed the final two minutes of the first half on an spurt that made it a one-point game, , at the break.
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