Law of Cards: Panini's LIMITED Registration Granted in Error

Law of Cards: Panini’s LIMITED Registration Granted in Error

Much to my chagrin, last month the Trademark Office issued a registration for Panini's LIMITED trademark. It's no secret that I doubted this trademark would ever be registered. In fact in my predictions for 2013 I subtly suggested, "There is no way Panini gets a LIMITED registration in 2013."

After the Trademark Office did the exact opposite of what I predicted, I did what any person in my position would do: I ranted in an article that the Trademark Office's actions were in error.

Legal translation: It wasn't as bad as a crazy letter to the editor (I did cite to TTAB procedure after all), but, it was close.

Thankfully, the Trademark Office confirmed my belief. On November 20, the Trademark Trial and Appeal Board issued a statement that the Topps opposition against Panini's LIMITED mark 1) was still pending, 2) would continue and 3) that the Office of the Director would have to take "appropriate action."

Legal translation: "Appropriate action" is a technical term for tear that registration up and throw it away.

Whew. I guess I am still on track with my prediction Panini won't get that LIMITED registration in 2013. And if you want a sneak preview, I have a funny feeling I'll have that same prediction for 2014.

(I'll also predict that if things go south for another of my predictions, I’ll likely rant in another Law of Cards article as well. It seems to be working so well.)

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Paul Lesko is a shareholder at Simmons Hanly Conroy and the chair of its Intellectual Property Department (http://www.simmonsfirm.com). Don’t hold the fact that Paul is a lawyer against him, he’s also a rabid baseball and college basketball fan, and an avid baseball card collector. Paul can be found on Twitter @Paul_Lesko and Google+.

User Comments

  1. As an IP lawyer and long-time collector myself, I think the chances of Panini getting this registration are about the same as finding an authentic Honus Wagner T206 card. Not gonna happen.

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