Hunton Andrews Kurth LLP recently prevailed in a Trademark Trial and Appeal Board (TTAB) trial for client Sutton Home Fashions, Inc. (Sutton) against Kennedy International, Inc. (Kennedy), saving Sutton’s registered trademark, BON VOYAGE.

In the fall of 2022, Kennedy filed a Petition at the TTAB for Cancelation of Sutton's flagship trademark, BON VOYAGE. Sutton’s trademark covers travel pillows and claims a date of first use of 2015. Kennedy, however, claimed priority of use of the mark to as early as 2013 for the same products and, for that reason, argued that Kennedy had superior rights to BON VOYAGE. Thus, Kennedy demanded cancelation of Sutton’s registration.

Critical to Kennedy’s argument was the nature of its use of “Bon Voyage.” In response, Hunton attorneys focused their discovery efforts on Kennedy’s actual use of "Bon Voyage." The most compelling piece of evidence came from Kennedy’s own advertisements, which showed that it used “Bon Voyage” as a message, not as a trademark. The message appeared on the pillows exactly at the same spot as other messages, such as “Vacay Vibes,” “Frequent Flyer,” and “First Class.”

At trial, the parties presented witness testimony and documentary evidence dealing with the same issue of the use of the term “Bon Voyage”. Analyzing the witness testimonies and evidence submitted by the parties, the Board agreed with Sutton and Hunton and concluded that Kennedy did not use “Bon Voyage” as a trademark; thus, the Board dismissed the petition.

Sutton was represented by Hunton attorneys Armin Ghiam and Jeremy Boczko.