December 30, 2011

– On March 8, 2005, Super Bakery, Inc. became the proud owner of a U.S. Trademark Registration for the mark “GOODY MAN” for cupcakes. On July 6, 2005, Super Bakery filed another trademark application, this time to register “GOODY MAN” not only for cupcakes, but also for marshmallow treats, cookies, donuts, etc. Surprisingly, six days later, on July 12, the trademark office then granted to Ward Benedict of Surrey, British Columbia, Canada, a U.S. Trademark Registration for the mark “G THE GOODYMAN” for cookies, cakes, donuts, etc., and then rejected Super Bakery’s application, in view of Benedict’s mark!

NOT surprisingly, two years later, on July 25, 2007, Super Bakery filed a Petition for Cancellation of Benedict’s Registration for “G THE GOODYMAN”, citing grounds of fraud and abandonment. Benedict chose to represent himself, and to fight by (1) ignoring requests for information from Super Bakery, (2) ignoring orders of the trademark office, and (3) ignoring the posted deadlines for responding to Super Bakery’s motions. Finally, in 2010 the trademark office punished him with the most severe sanction in its power: by granting Super Bakery’s motion for default judgment, thus cancelling Benedict’s registration.

On December 28, 2011, the Federal Circuit affirmed.

Here’s the rest of the story: http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-1131.pdf

About timheadley

For almost 30 years, as a lawyer, Tim Headley has been helping clients protect their intellectual property, according to the laws of patents, trademarks, copyrights, and trade secrets, not only in the United States, but in various countries around the world. Before that, he worked as an electrical engineer. Before that, he taught theology, in Spanish, to adult students, in the evenings, in a school in La Paz, Bolivia. You can contact him at tim@headleyiplaw.com, or his office phone, 713-467-8500, or his cell phone, 713-398-1045. His website is www.headleyiplaw.com.
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