Pop goes the kitty? registration and infringement are separate inquiries, court points out

SportPet Designs Inc. v. Cat1st Corp., No. 17-CV-0554 (E.D. Wis. Mar. 2, 2018)SportPet sued Cat1st for patent, trademark, and copyright infringement and violations of Wisconsin's Deceptive Trade Practices Act based on its sale of pet products such as play structures for cats. SportPet alleged infringement of two registered trademarks: POP OPEN for collapsible containers for household use [containers that … pop open?] and SPORT PET DESIGNS for pet kennels, beds, and bedding and pet toys.SportPet wasn’t assigned the POP OPEN mark until after it brought this action, so it lacked standing to assert a claim for infringement. Even if it could establish standing, the complaint didn’t plausibly suggest infringement.  Not strengthening the claim for the distinctiveness of the mark, the complaint alleged that “Cat1st is violating SportPet's . . . Pop Open trademark[]” by “using and advertising the pop open design,” which “is…

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