- Posted by Holmes Weinberg, PC
- On November 12, 2015
Our client KidTribe is a children’s wellness and exercise company that teaches happiness and healthiness through Hula-hoop exercises and dance programs at schools and sponsored events. One of its popular trademarks is Hoop-It-Up! ™. Two of its employees decided to go out on their own and tried to federally register the Hoop-It-Up! ™ trademark for a competitive business. We filed an opposition proceeding in the Trademark Trial and Appeal Board against that attempted registration and won. The employees appealed to the Federal Circuit, which just upheld the decision. One of the more interesting aspects of the case was proving KidTribe’s priority through its principal’s using the phrase Hoop-It-Up! ™ on DVDs. And of course it didn’t hurt that the defendants were former employees who used to use the mark themselves when they worked for KidTribe!