Emerson College v. Abercrombie & Fitch - Trademark Opposition Dismissed
Summary
USPTO Trademark Trial and Appeal Board dismissed Opposition No. TTAB91289371 with prejudice, ruling in favor of Abercrombie & Fitch Trading Co. in the trademark dispute over 'THE A&F EMERSON' mark filed by Emerson College on January 23, 2024. The opposition is fully resolved with no further appeal options available to the plaintiff.
What changed
Emerson College filed an opposition proceeding against Abercrombie & Fitch Trading Co.'s trademark application for 'THE A&F EMERSON' (Opposition No. TTAB91289371), challenging the registration of the mark. The TTAB issued a final decision dismissing the opposition with prejudice, meaning the case is concluded and cannot be refiled on the same grounds.
This decision is binding on both parties and concludes the administrative trademark dispute. No compliance actions are required from other entities. Trademark practitioners should note this outcome as it may inform future likelihood-of-confusion analyses involving educational institution marks and fashion/apparel trademarks.
Source document (simplified)
Opposition: THE A&F EMERSON
Opposition TTAB91289371-20260327 Kind: OPP Mar 27, 2026
Abstract
BD DECISION: OPP DISMISSED W/ PREJ
Plaintiff: Emerson College
Defendant: Abercrombie & Fitch Trading Co
Mark at issue: THE A&F EMERSON
Filing Date
2024-01-23
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