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First TTAB Decision under Trademark Dilution Revision Act
In 7-Eleven, Inc. v. Wechsler, __ USPQ2d__, Opposition No. 91117739 (TTAB, May 15, 2007), the Trademark Trial and Appeal Board rejected 7-Eleven's likelihood of confusion claim and dismissed 7-Eleven's opposition to Lawrence Wechsler's registration of the GULPY mark for 'portable animal water dishes and animal water containers sold empty.' The Board also, in its first opinion after the Trademark Dilution Revision Act, rejected 7-Eleven's dilution claim.
7-Eleven introduced the BIG GULP trademark in 1978 in association with fountain drinks. It later introduced others into the 'Gulp' family surname of marks, including GULP, SUPER BIG GULP, DOUBLE GULP, and X-TREME GULP in conjunction with its fountain drink line of products. 7-Eleven has also expanded the 'Gulp' line of products to include CANDY GULP, GARDEN GULP, and FRUIT GULP. Sales of 7-Eleven's 'Gulp' drinks average more than $180 million per year, and it spends millions to advertise and promote these marks in movies, print, and television mediums. Wechsler's first use in commerce of the GULPY mark was in 2001 in association with a portable pet water dispenser. The GULPY pet water dispenser is sold in pet stores in almost every state and over the Internet.
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