PetSmart’s application for a “Rudy’s” dog food trademark can be challenged in court despite its argument that only the US Patent and Trademark Office can adjudicate it, a Kentucky federal court said.
Dog food maker Rudy Green Inc.—which has “Rudy Green’s” and “Chef Rudy” registrations—can try to nix PetSmart’s application as the claim is tied to a broader infringement suit, Judge Rebecca G. Jennings ruled in an opinion filed Friday in the US District Court for the Western District of Kentucky. The court rejected the contention that the marks weren’t similar enough for the challenge as well.
Jennings noted the ...
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