University Book Store v. University Of Wisconsin Board Of Regents

33 U.S.P.Q.2d (BNA) 1385 (TTAB 1994)

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Nature of the Case

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Facts

Book Store (Ds) opposed the registration in that the terms WISCONSIN and BADGERS were created centuries ago and that, with respect to the former, extensive use thereof has been made by non-affiliated entities since the 1700s, while such use by P has occurred only since the 1850s. Ds maintain that 'Badgers' has been used to refer to residents of the State of Wisconsin since at least the 1820s. Ds also claim abandonment wherein P lost the rights by its failure over many years prior to January 1988 to control the nature and quality of numerous third-party uses of the marks. P argues that the purchasing public regards the marks as having originated with P inasmuch as it has adopted and continuously used them as indicia of source or origin for its goods and services. Ds point to statements made prior to January 1988 by certain personnel of P that the marks were in the public domain and therefore were free to be used by anyone.