The USPTO Trademark Trial and Appeal Board granted Plaintiff Lettuce Entertain You Enterprises, Inc.'s motion for summary judgment in this trademark opposition proceeding against Defendant Upper Shelf Farms, LLC. The decision concerns the mark SUMMER'S END SMOKEOUT (Opposition No. 91295632), effectively resolving the opposition in favor of the plaintiff before a full trial.

Affected parties—trademark applicants, registrants, and their legal counsel—should note that summary judgment standards in TTAB proceedings can resolve oppositions without trial where there are no genuine disputes of material fact. Parties involved in pending TTAB oppositions should review their case strategy in light of this decision's implications for likelihood of confusion or other grounds for opposition.