The Board has scheduled an oral hearing on April 24th at 3PM at Silicon Valley USPTO, California Room, Rm. 109 (lobby level), 26 S. Fourth Street, San Jose, CA 95113, in Dave Brock v. Nicholas Turner, Opposition No. 91214199., involving Nik Turner's application to register the mark NIK TURNER'S HAWKWIND for "Entertainment services, namely, live musical performances by an individual or musical group." Opposer Brock claims ownership and priority of use of the mark HAWKWIND, and likelihood of confusion under Section 2(a) and false association under Section 2(a).
Dave Brock alleges that he founded the band HAWKWIND in 1969 and has been the only person who has been a member of the band continuously since its founding. Brock asserts that he has controlled the style and quality of the band's music, that he is therefore the owner of the mark HAWKWIND, and that the mark is famous and is entitled to a broad scope of protection.
Applicant Nik Turner claims that HAWKWIND is not famous, but just an obscure "cult" band, that Brock is not the prior user in the United States, and that Brock has abandoned any rights he may have had.