Abandonment Counterclaim Not Sustained With Respect to ‘Ovation’ Hair Care Mark

An allegation that a holder of a trademark registration has not used the trademark with respect to all of the goods listed in the registration does not support a claim of abandonment, the U.S. District Court for the Southern District of California ruled Aug. 6 (DC Labs Inc. v. Celebrity Signatures Int’l, Inc., S.D. Cal., 3:12-cv-01454-BEN-DHB, 8/6/13).

Granting a motion to strike an abandonment counterclaim in a trademark dispute, the court said that the facts pleaded by the defendant at most would support only a claim of partial abandonment.

Hair Care Company Sues Raquel Welch Wig Maker.

DC ...