Incontestable - October 2011


In this issue: Facebook, Inc. v. LLC, 2011 WL 4449686 (N.D. Ill. Sept. 26, 2011); GoPets Ltd. v. Hise, 2011 WL 4394353 (9th Cir. Sept. 22, 2011); Hart v. Elec. Arts, Inc., 2011 WL 4005350 (D.N.J. Sept. 9, 2011); Louis Vuitton Malletier S.A. v. Akanoc Solutions, Inc., 2011 WL 4014320 (9th Cir. Sept. 9, 2011); and Gen. Mills, Inc. v. Fage Dairy Processing Indus. S.A., Opp. Nos. 91118482, 91118950, 91155075, 91182937 (TTAB Sept. 14, 2011);

Exerpt from "Facebook, Inc. v. Teachbook...":

The Northern District of Illinois refused to dismiss Facebook, Inc.’s (“Facebook”) complaint for trademark infringement and dilution under federal and state law against LLC (“Teachbook”), the operator of a social networking website called TEACHBOOK for teachers. The court rejected the defendant’s attempt to boil the case down to the suffix “BOOK,” which the defendant claimed was generic for the parties’ services. Considering the parties’ marks as a whole, the court held that the defendant’s choice of TEACHBOOK—“a combination of the suffix-BOOK preceded by [a] fairly mundane, monosyllabic word”—for social networking services was “no accident” in light of Facebook’s claimed “ubiquity.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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