May 8, 2006

Ivana Trump trademark update

I've been a reader of the website The Smoking Gun for a long time, and I told them about the Ivana Trump trademark dispute. They published a story on this, and were nice enough to credit this blog.

TSG also included an update to the trademark opposition. Ivana has now filed an answer to Donald's notice of opposition. In it, Ivana rejects or denies much of the allegations made by Donald in his trademark opposition filing. Ivana also states that Donald is barred for bringing the opposition for several reasons:

1- Fails to state a claim that can be adressed by the USPTO
2- The filing is barred by laches (which means Donald waited too long to tell Ivana to not use the mark, presumably because Ivana's been using it for awhile and Donald should know about that)
3- Waiver, estoppel, and unclean hands.

The waiver and estoppel defenses mean that Donald has not enforced this before against Ivana, so he cannot raise the issue now. Unclean hands implies that Donlad has done something unethical relating to the case.

I'm interested to see where this all goes, and will keep checking the USPTO for updated status.

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