Victory in the Trademark Trial and Appeal Board

by | Apr 15, 2014 | Lawsuit, Litigation, Trademark Law

Sensoria Wins Court Ruling and Becomes Registered Trademark

Kravitz & Verna PLLC won a motion to dismiss in the Trademark Trial and Appeal Board (“TTAB”), in a case in which the trademark of SENSORIA from Heapsylon LLC was threatened. The case is Feel the World, Inc. vs. Heapsylon LLC, TTAB Opposition No. 91210390.

The TTAB ruled that the plaintiff, Feel the World, Inc., did not properly plead any of its allegations, which included alleging that Heapsylon LLC filed a fraudulent application. The court said, “A fraud claim must allege improper use of a registration notice in connection with an unregistered mark, done with intent to deceive the purchasing public or others in the trade into believing that the mark is registered.” “The pleadings [must] contain explicit rather than implied expressions of the circumstances constituting fraud.”

The TTAB dismissed this case because it was not properly plead. The pleadings are the foundation of any lawsuit, regardless of the court of law in which it is filed. In today’s world, the plaintiff must plead their cases about fraud with a heightened specificity. If this is not done, then the plaintiff has not given the proper notice to the court and to the defendant as to the issues in the case.

Registered Trademark

“I’m pleased with the Board’s decision, so that our client’s SENSORIA trademark can continue to registration,” said Anthony M. Verna III, partner at Kravitz & Verna PLLC. “The plaintiff was unable to plead fraud because the facts to create a case around fraud just do not exist.”

“We are pleased with the court’s decision and Anthony’s work on our behalf. Heapsylon will continue to invest to innovate and protect the Sensoria brand.” Said Davide Vigano, CEO and Cofounder of Heapsylon LLC.

Heapsylon delivers the Sensoria® family of body-sensing garments for health and fitness. Their wearable textile sensors capture, monitor and communicate data such as activity type, level, heart rate and in-footwear pressure to the user. The data is presented and analyzed by a mobile app and easy-to-use dashboard. Heapsylon Sensoria® products make it more fun and safer to exercise. They may also contribute to prevent certain injuries, and in case of injury or disease, they track patient adherence and offloading data. Intrigued? For more information please visit www.heapsylon.com