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Patricia O'Connell
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IP Partner David Weslow Discusses Trademark Dispute in Washington Post Article

The Washington Post
April 22, 2013

Intellectual Property Practice partner David E. Weslow was quoted in an April 19 Washington Post article about a trademark dispute involving a motorcycle parts business and Washington Redskins player Robert Griffin, III.

Research Group 3, also known as RG3, is an off-road motorcycle racing suspension parts business based in Southern California. The company recently filed an extension of time with the Trademark Office to oppose Robert Griffin’s trademark filings for “RG3” and “RGIII.” Research Group 3 indicated that it hopes to prevent marketplace confusion between their company and the football star and hopes to work out a coexistence agreement. Research Group 3 was granted a 90-day extension of time to oppose the Redskins’ star’s trademark applications.

“The legal standard is whether there is a likelihood of consumer confusion,” Mr. Weslow explained. “If they could show that those two different versions are close enough, and that they used the mark commercially in association with products or services that are similar enough to RGIII’s products or services, then they could have seniority. They’d have to show that when consumers encounter those two different trademarks, they’d be likely to be confused between the two,” he added.