Tuxedo Monopoly, Inc. v. General Mills Fun Group, Inc.

MILLER, Judge, with whom BALDWIN, Judge, joins,

dissenting.

I dissent because of errors of the board and errors in the majority opinion leading to an unwarranted monopoly on registration of “MONOPOLY.”

Proper Test

The board sustained the opposition because “purchasers who encounter items of clothing bearing the trademark ‘MONOPOLY’, used with or without the game components, are likely to believe that, or at least wonder whether, the items originate from, or are approved by, or are in some way associated with opposer” or “would be much more likely to react to applicant’s mark by thinking of…