Larami Corp. v. Talk To Me Programs, Inc.
United States Trademark Trial and Appeals Board
36 U.S.P.Q.2d 1840 (1995)
Relevant factsFree
TTMP (plaintiff) filed an intent-to-use application for "THE TOTALLY RAD SOAKER" before Larami (defendant) began using "SUPER SOAKER"; in a related infringement suit, courts found TTMP's mark merely descriptive and granted Larami summary judgment, after which Larami moved for summary judgment in this separate registration-opposition proceeding based on that descriptiveness finding.
IssueFree
Whether a trademark may receive the priority benefits of a constructive-use date as of the date of an intent-to-use application even if the mark acquired a secondary meaning after the application was filed.
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