Marilyn Carano v. Vina Concha Y Toro S.A.

UNITED STATES PATENT AND TRADEMARK OFFICE THIS OPINION IS CITABLE Trademark Trial and Appeal Board AS PRECEDENT OF 2900 Crystal Drive THE T.T.A.B. Arlington, Virginia 22202-3513 EAD June 5, 2003 Opposition No. 125,728 Marilyn Carano a/k/a Lynn Carano d/b/a Lynn Carano Graphics v. Vina Concha Y Toro S.A. Before Cissel, Seeherman, and Rogers, Administrative Trademark Judges. By the Board: This case comes up on applicant’s motion to dismiss for failure to state a claim for which relief can be granted under Fed. R. Civ. P. 12(b)(6). The motion has been fully briefed.1 1 In its reply brief,…