Under orders from a federal judge in Birmingham, the national board that hears trademark appeals last week tossed out its precedent-setting opinion that the University of Alabama doesn't hold special claims to the houndstooth pattern. However, the fight over that houndstooth opinion may not be totally over, according to the appeal board's March 3 order rescinding the opinion. Patent and Trademark Office specifically reserves the right to seek further review of the orders and opinions of the district court in this matter," according to the appeal board's order. Patent and Trademark Office Trademark Trial and Appeal Board two weeks to vacate its opinion that had granted to a company the trademark phrase "Houndstooth Mafia" over the objections of the University of Alabama. A trademark appeal is already pending for one such product - the outline of an elephant filled with houndstooth. And the company that designed it has already cited the appeal board's "Houndstooth Mafia" decision as precedent in its arguments. Alabama vigorously defends its trademarks and copyrights, which bring in big dollars each year. The trademark appeals board had told Proctor last year that it believes it does not have to follow his order to toss out their opinion on houndstooth. But Proctor, at a hearing and in his written order, said the appeal board does not have the authority to ignore his orders.
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