This Opinion Is Not a Precedent of the TTAB
This Opinion is not a Precedent of the TTAB Mailed: January 14, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ Lotto Sport Italia S.p.A. v. Cara Johnson and Najeal Young _____ Opposition No. 91245013 _____ James J. Bitetto, of Tutunjian & Bitetto PC for Lotto Sport Italia S.p.A. Cara Johnson and Najeal Young, Pro se. _____ Before Wellington, Goodman and Larkin, Administrative Trademark Judges. Opinion by Goodman, Administrative Trademark Judge: Cara Johnson and Najeal Young (“Applicants”) filed an application to register the mark LOTTAGAME for the following:1 “Backpacks; Duffle bags; Tote bags” in 1 Application Serial No. 87840234 was filed on March 19, 2018, based upon Applicants’ allegation of a bona fide intention to use the mark in commerce under Section 1(b), 15 U.S.C. § 1051(b) of the Trademark Act. References to the briefs and the record refer to the Board’s TTABVUE docket system. Opposition No. 91245013 International Class 18 and “Hats; Jackets; Jerseys; Pants; Shirts; Shorts; Socks; Sweatbands; T-shirts; Tank tops; Wristbands as clothing; Warm-up suits” in International Class 25. Lotto Sport Italia S.p.A. (“Opposer”) opposes registration of Applicants’ LOTTAGAME mark on the ground of likelihood of confusion under Section 2(d), 15 U.S.C. § 1052(d) of the Trademark Act.2 Opposer has pleaded ownership of the following registered marks (“LOTTO marks”): LOTTO (typed drawing) 3 for pullovers, gloves, cardigans, jerseys, neckwear, sweaters, socks, stockings, tops, tights, trousers, leggings, skirts, jackets, jerkins, shirts, vests, waistcoats, jumpers, track suits, blouses, blousons, jeans, sweat pants, gym suits, knickers, pants, shorts, t-shirts, sweat-shirts, suits and dresses, overcoats, coats, anoraks, raincoats, belts, suspenders, loungewear, under-wear, beachwear, sleepwear, footwear, headwear in International Class 25; 2 Opposer also alleged dilution in paragraph 14 of the notice of opposition.
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