DYKES ON BIKES CAN'T BE OPPOSED BY MIKE

McDermott v. San Francisco's Women's Motorcycle Contingent, [07-1101](July 11, 2007)[PER CURIAM, Mayer, Lourie, and Linares] NON-PRECEDENTIAL The Federal Circuit affirmed the TTAB's dismissal for lack of standing McDermott's opposition to registration of the mark DYKES ON BIKES.
BRIEF: The TTAB dismissed the opposition because McDermott failed to show that McDermott failed to show a reasonable basis to believe he would be damaged by the registration. The Federal Circuit held that McDermott lacked standing to complain that the mark was disparaging or immoral or scandalous. One method for establishing reasonableness of the belief of damage is whether the opposer possess the trait or characteristic is clearly and directly implicated in the proposed mark. McDermott was not so implicated. Another method of demonstrating reasonableness is to allege that others share the same belief of harm. McDermott did not establish that others shared his belief. The Federal Circuit agreed that McDermott did not have standing, and affirmed the dismissal.