Back to top

Fulwider Patton Helps Jason Hilbert Prevail Against Opposition by Nirve Sports to SKULLXBONES Trademark

Fulwider Patton LLP is pleased to report its success in assisting a small bicycle retailer, Jason Hilbert, in overcoming an Opposition by Nirve Sports Ltd. against the registration of his SKULLXBONES trademark for use on bicycles. When Nirve Sports brought the opposition proceeding based on its prior registration of its mark SKULLS for use on bicycles and its use in the marketplace of Skull designs placed on bicycle frames, the Fulwider team went to work investigating third party usages and taking discovery on the issue of likelihood of confusion. Following several months of discovery and the taking of deposition testimony for trial, Hilbert and his company Huntington Beach Bicycle prevailed when the Opposer Nirve Sports withdrew its Opposition. The Trademark Trial and Appeal Board dismissed the Opposition with prejudice on November 14, 2013. The Fulwider Team, led by Senior Partner Vern Schooley, was pleased it could demonstrate the weaknesses in the Opposer’s case and reach a favorable result in advance of trial.