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Trademark Valet

Decisions · Opposition No. 91206045

PrecedentialNotableNot checked

Kristin Marie Conolty d/b/a Fairway Fox Golf v. Conolty O'Connor NYC LLC

Opposition No. 91206045 · Decided 2014-07-03 · Opposition

What happened

Opposition sustained — the FAIRWAY FOX application was void from the start because the golf-clothing brand was jointly developed and owned by both former business partners, so the company controlled by just one of them could not claim to be the mark’s sole owner.

The marks

Applicant

FAIRWAY FOX

Golf and tennis clothing, namely, skirts, shorts, skorts, dresses, pants, shoes, hats, shirts, sweaters, vests, socks, visors, t shirts, and jackets

Why this decision is significant

Precedential opposition holding an application void ab initio under Section 1(a) where the mark was jointly owned by an informal partnership: the LLC controlled by one former partner was not the sole owner of FAIRWAY FOX — the go-to citation for ownership disputes between former collaborators.

Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.

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The original record

Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.

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