Hanna-Barbera Productions Opposes Registration of Yogiberry Trademark

     Rockville, MD-based Yogiberry, Inc., filed an application for registration of the mark YOGIBERRY in the U.S. Trademark Office on March 11, 2008, which was approved for publication and subsequently published for opposition on September 2, 2008.  On November 21, 2008, Hanna-Barbera Productions, Inc., owner of several marks related to the Yogi Bear franchise of cartoons that first appeared on television in 1958, filed an opposition.  In its answer to the opposition, Yogiberry stated that its mark is related to retail frozen yogurt stores, and does not overlap with any goods and services associated with Hanna-Barbera's YOGI BEAR MARKS.  Yogiberry further stated that the parties' respective marks are not confusingly similar or likely to cause confusion amongst consumers or the trade.

     Yogiberry, Inc., is the owner of Registration No. 3498624 for the mark shown below, which was registered on September 9, 2008, based on an application filed February 4, 2008:

     In view of the above opposition, Yogiberry, Inc., and Pinkberry, Inc., filed in the U.S. District Court for the District of Maryland a stipulated motion to a stay their pending trademark litigation.  The parties' motion was granted.

Settlement News and MD Bar Association Events

  • Many of you have inquired about the status of the Nacre v. Silynx Communications matter, which was filed in the U.S. District Court for the District of Maryland on October 2, 2007.  I am not surprised by the interest, since this case has garnered more attention by visitors to the Maryland Intellectual Property Law blog than any other reported case.  What is known about the settlement, which is not much, is that the parties settled their dispute (see Nacre press release).  As is often the case with such matters, the terms of the settlement are confidential.  Nacre's website states that the settlement provides for the dismissal with prejudice of all claims and counterclaims filed by the parties, and without any finding or admission of liability or wrongdoing by any party, and it grants to Rockville, MD-based Silynx a license to certain Nacre intellectual property, including the two Nacre patents-at-issue (link, link).

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