A clothes retailer opposing a trademark application for a brand with a similar name may find itself on the losing end of a trademark fight.
F.I.T., a clothing brand by the Fashion Institute of Technology community college, opposed a trademark application for NyFit, a line of nylon fitness clothing (hence the name).
By arguing that a brand with the word "fit" in it is confusing to the F.I.T. brand, the college may have opened up its own trademark to being invalidated, trademark lawyer Frank Weyer reports in a news release.
Weyer represents NyFit in the trademark battle. In it, he claims that, because so many brands already had "fit" in their name when F.I.T. was granted its trademark, issuing the mark was a mistake that leads to confusion by consumers.
Thanks to TaubmanSucks.com David-vs.-Goliath Hank Mishkoff for the link (see comment).