The International Association of Infant Massage (currently using the dba of Infant Massage WINC) born in the United States of America Wins Legal Challenge Before the United States Patent and Trademark Office against Infant Massage USA and International Association/Sweden before the United States Patent and Trademark Office.
In lieu of the forgoing ...
The International Association of Infant Massage, IAIM® incorporated in the United States since 1986, is the “grassroots” organization that precedes all other organizations who took on the name of International Association of Infant Massage. The International Association of Infant Massage/Sweden (incorporated after 2000), and Infant Massage USA (incorporated after April 2005), initiated a challenge before the United States Patent and Trademark Office's Trademark Trial and Appeal Board contesting the ownership and right to use the registered IAIM® trademark. In its April 16, 2008 ruling, the Trademark Trial and Appeal Board dismissed the Petition for Cancellation on grounds that the International Association of Infant Massage incorporated in the USA in 1986 has superior rights to the IAIM® trademark, and that the challengers were unable to establish any ownership rights in the famous trademark.
“… Based on a review of the pleading, we find that petitioners have not and cannot allege priority of use. All parties agree that petitioners separated from registrant, after the mark was in use by registrant corporation, thus making any use of the mark by the entities created after the separation, subsequent in time. Thus registrant cannot be found to have appropriated petitioners' mark, inasmuch as there is no allegation that petitioners own the mark.
In view of the foregoing, registrant's motion to dismiss is granted.
As to petitioners' alternative motion to amend the petition, we find that the inability of petitioners to allege priority of use of the mark will make any amendment futile. …
… In sum, registrant's motion to dismiss is hereby granted and petitioners' motion to amend the petition is hereby denied.
Accordingly, the petition to cancel is dismissed.”
This recent decision confirms that the organization born and incorporated in the USA in 1986, the International Association of Infant Massage, IAIM®, is to retain ownership of, and the exclusive right to use, the well-known IAIM® trademark.
