Drew Estate filed an opposition proceeding against Fantasia’s trademark application for SURFER ON ACID. Thereafter, Drew Estate filed federal litigation against same in the United States District Court for the Southern District of Florida. Below is the “notice” that was filed in the Trademark Trial and Appeal Board (“TTAB”) action notifying the TTAB that there is pending federal litigation between the same parties.
Prediction: Fantasia backs out quick. Stakes are getting too “high.” It’s one thing to monkey around at the TTAB because monetary damages are not at issue. Federal Court is for big boys.
Herrera on Cigar Law 