## Facts

- Lesley Hornby, also known professionally as “Twiggy,” is an internationally known British model and actress who became widely famous in the mid-1960s.
- Hornby used the name and mark TWIGGY in commerce for many years, including on products, dolls, and clothing sold in the United Kingdom and the United States.
- TJX Companies, Inc. began using TWIGGY for clothing in 1997 and obtained a federal registration in 2000 for TWIGGY covering children’s clothing items.
- In 2005, Hornby filed a TTAB petition to cancel the TWIGGY registration.
- Hornby alleged four grounds for cancellation: likelihood of confusion under Lanham Act §2(d), false suggestion of a connection under §2(a), fraud in procuring the registration, and dilution.
- Hornby asserted she had no connection with TJX and did not consent to TJX’s use or registration of TWIGGY.

## Issues

1. Whether TWIGGY for children’s clothing falsely suggested a connection with Hornby (“Twiggy”) under Lanham Act §2(a) as of the 2000 registration date.
2. Whether TJX’s registration was subject to cancellation based on likelihood of confusion under Lanham Act §2(d).
3. Whether TJX committed fraud in procuring the registration by falsely declaring that no other party had the right to use the mark in a confusingly similar manner.
4. Whether TJX’s use and registration diluted Hornby’s famous name/mark.

## Decision

- The TTAB granted the petition to cancel TJX’s registration for TWIGGY for children’s clothing.
- The Board held that, at the time of registration in 2000, TWIGGY “pointed uniquely” to Hornby and thus the registration violated §2(a) as a false suggestion of a connection.
- Because cancellation was warranted under §2(a), the Board did not need to grant relief on every pleaded ground.

## Legal Principles

- A mark is unregistrable under Lanham Act §2(a) if it falsely suggests a connection with a person.
- A §2(a) false-suggestion claim generally requires proof that: (1) the mark is the same as, or a close approximation of, the person’s name or identity; (2) it would be recognized as pointing uniquely and unmistakably to that person; (3) the person is not connected with the applicant’s goods; and (4) the person’s name or identity is sufficiently well known that a connection would be presumed.
- The relevant time for evaluating whether a mark points uniquely to a person for §2(a) purposes is the time of registration.

## Conclusion

The TTAB cancelled TJX’s TWIGGY registration for children’s clothing because, as of the 2000 registration date, the mark identified Hornby’s famous professional persona and its use by an unrelated retailer would falsely imply endorsement or affiliation prohibited by Lanham Act §2(a).


Hornby v. TJX Cos., 87 U.S.P.Q.2d 1411 (T.T.A.B. 2008)