In September of last year we blogged about some Florida-based brands battling out trademark disputes at the USPTO’s Trademark Trial and Appeal Board.
One of those was a dispute between the Greater Orlando Aviation Authority and the Sanford Airport Authority.
The Greater Orlando Aviation Authority operates the Orlando International Airport, and the Sanford Airport Authority runs the much smaller OrlandoSanford International Airport in Sanford. The airports are approximately 40 miles from each other, and both cater to business and vacationing travelers.
The Greater Orlando Aviation Authority formally “opposed” the Sanford Airport Authority’s trademark application for the below ORLANDO SANFORD INTERNATIONAL AIRPORT logo shown below:
And this is the Orlando airport’s mark in logo form: 
After over five years of litigating, the TTAB found that the above two trademarks are confusingly similar. Thus, the Sanford airport will not be able to register its logo with the USPTO.
The TTAB issued a 60-page, non-precedential opinion in the case, which you can download HERE. As expected in such a lengthy opinion, there are many issues to digest, including important technical and evidentiary matters. Especially critical was 1) the Sanford party’s failure to bring a counterclaim against the Orlando party’s mark(s), and 2) the Sanford party’s waiver and inability to bring the acquiescence defense despite the marks co-existing for so long.
In our September post, we also mentioned a case wherein the Seminole Hard Rock Hotel and Casino is seeking to register the shape of its guitar-shaped casino and hotel. The TTAB is still considering that case, and we will update you when there is a decision.
