LINCOLN LOGS LTD, Appellant, v. LINCOLN PRE-CUT LOG HOMES, INC., Appellee., 971 F.2d 732

Summary

The applicant filed an application to register its LINCOLN mark for prefabricated home systems comprised of solid timber walls, floor and room trusses and panels, and windows and doors. The opposer filed an opposition that asserted that the applicant's mark was unregisterable under 15 U.S.C.S. § 1052(d) because it was likely to cause confusion with the opposer's registered mark for building kits consisting of precut logs and instructions for constructing a home. The applicant admitted existence of a likelihood of confusion between the two marks. However, the applicant raised defenses of laches and estoppel. Prior to the opposer's use and registration of its mark, the applicant used another registered LINCOLN mark. The opposer sent the applicant a cease and desist letter with respect to the earlier mark. The applicant's response revealed that its mark was registered and nothing further was heard from the opposer. Court held that defenses of estoppel and laches both failed because the ...