Kathleen Cooney-Porter

Represented Haribo regarding a pair of related conflicts before the Trademark Trial and Appeal Board pertaining to Haribo’s mark BUILD-A-BURGER for candy and Build-a-Bear’s mark BUILD-A-BEAR for retail store services featuring children’s toys. These disputes also involved Build-a-Bear’s sought-after registration of its mark for candy. The parties entered into a co-existence agreement, which resulted in a negotiated withdrawal of all Board proceedings with prejudice. Build-a-Bear Retail Management, Inc. v. Haribo of America, Inc. and Haribo of America, Inc. v. Build-a-Bear Retail Management, Inc., Opp. No. 91/186,208 (TTAB Jan. 9, 2009).

Represented APA in an Opposition before the Trademark Trial and Appeal Board against Plumeus’ Application to register the mark PSYCHTESTS.COM as likely to be confused with the client’s family of “PSYC …” marks. The parties settled the Opposition under an agreement prohibiting Plumeus from using or further registering its mark except under circumstances acceptable to APA. American Psychological Association v. Plumeus Inc., Opp. No. 91/188,153 (TTAB Aug. 12, 2009). 

Represented Agri Labs in a Cancellation Action before the Trademark Trial and Appeal Board against Manna Pro’s Registration for the mark COLOSTRO-FIX as likely to be confused with Agri Labs’ mark COLOSTRX. The parties settled the matter under an agreement designed to avoid confusion in the marketplace. Agri Laboratories, Ltd. v. Manna Pro Products, LLC, Opp. No. 92/050,842 (TTAB Nov. 25, 2009). 

Represented APA in an Opposition against Cookie Jar’s Applications to register the mark MAGI-NATION as likely to be confused with APA’s mark MAGINATION PRESS. The parties resolved their differences by entering into a trademark co-existence agreement. American Psychological Association v. Cookie Jar Entertainment, Inc., Opp. No. 91/186,125 (TTAB Nov. 18, 2009).

Represented DHHS before the Trademark Trial and Appeal Board in its Opposition against AHA’s multiple applications to register variations of the marks WEAR RED DAY and a RED DRESS Design in connection with charitable services relating to women’s heart health issues. The case was settled with AHA abandoning half of its applications and assigning a 50% interest in the other half of the applications to DHHS. U.S. Dept. of Health & Human Svcs. v. American Heart Ass’n, Inc., Opp. No. 91/174, 163 (TTAB Dec. 5, 2007). 

After APA received a cease-and-desist letter from ABEBooks, represented APA in a declaratory judgment action for non-infringement, which also included APA’s claims of trademark infringement against ABEBooks. The case was settled with ABEBooks withdrawing all claims and any possible future claims of trademark infringement against the APA BOOKS mark, as well as ABEBooks removing its offending infringements of APA’s marks from ABEBooks’ web site. American Psychological Association v. ABEBooks, Inc., Civil Action No. 1:08cv30 (D.D.C. Mar. 6, 2008).