Lutzker & Lutzker was recently retained and filed suit on behalf of Great Seats, Inc. (“Plaintiff”) in federal district court in Maryland against Great Seats, Ltd. (“Defendant”). The suit appeals the decision of the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office (“TTAB”) issued earlier this year, dismissing Plaintiff’s opposition to Defendant’s application to register the GREAT SEATS mark. Lutzker & Lutzker deliberately chose to file in federal district court (rather than appeal to the Federal Circuit Court of Appeals), because the district court venue affords the opportunity to present evidence that was excluded from the TTAB record. In addition, the Complaint alleges that Defendant has, without authorization, used Plaintiff’s GREAT SEATS mark, causing confusion in the marketplace and falsely indicating that its business, goods are services are associated with or endorsed by Plaintiff. Plaintiff traces its use of the mark as early as the 1980s, whereas Defendant claims a first use in 1992. The mark has become widely known as the source of authentic and reliable ticket sales for a wide variety of concerts, performances and sporting events throughout the United States.