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'CrackBerry' and Originality in Trademark Parodies

By Timothy Denny Greene

In Research in Motion Ltd. v. Defining Presence Marketing Group, Inc. and Axel Ltd. Co., Opposition No. 91181076 (T.T.A.B. Feb. 27, 2012), http://ttabvue.uspto.gov/ttabvue/ttabvue-91181076-OPP-8.pdf, the Trademark Trial and Appeal Board (the “Board”) addressed whether Defining Presence Marketing Group and Axel Ltd. (collectively, “Axel”) could obtain trademark registrations for CRACKBERRY for various goods and services. Research in Motion (“RIM”), producer of the BlackBerry device, opposed the registrations based on a likelihood of confusion and dilution with its BLACKBERRY group of marks. The Board wound its way through the likelihood of confusion and dilution analyses, eventually finding that Axel could not register the CRACKBERRY mark for any of its proposed uses. Three applications, related to computer services, e-mail, online retailing and the like, were denied due to a likelihood of confusion and dilution, while the last registration, for CRACKBERRY-branded clothing, was denied for likelihood of dilution. Slip op. at 1-3 (describing the proposed goods and services).

Parody and Trademark Registration

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