Dropping Bombs: Raytheon’s PAVEWAY mark found generic by TTAB a year ago, but infringement battle with Lockheed Martin continues

Raytheon applied to register the mark PAVEWAY for “Laser guided bombs” in 2004.  In 2005, Lockheed Martin filed an Opposition to the application claiming the term was generic.

The Opposition lasted nearly six years. The TTAB sided with Lockheed Martin in September 2011, finding the PAVEWAY mark generic for the goods.  The TTAB proceeding was not appealed by Raytheon.

Jump to October 2012, and Raytheon has still not let go its claim to the term and its dispute with Lockheed Martin.  Raytheon has sued Lockheed Martin for infringement of the PAVEWAY mark in federal District Court.

Some questions:

  • What affect will the TTAB ruling have on the District Court?
  • Is it significant that Raytheon had the opportunity to appeal, but did not?
  • How significant is it that the parties have both used the name for several years?
  • Why did Raytheon wait so long to sue for infringement? If they were willing to go to District Court, why not move the action there years ago – before a ruling from the TTAB?
  • Have any circumstances or facts changed since the TTAB’s ruling last year?

NOTE: Raytheon in 2010 filed a newer application for a PAVEWAY logo (below). That application has been refused, for now because…. Applicant has been required to “disclaim” the descriptive or generic terms in it.

 

Trademark image

 

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