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Apple Trademark Trial and Appeal Board Trademarks

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Bertini v. Apple Inc., 63 F.4th 1373 (Fed. Cir. 2023)...

In June 2015, Apple began using the mark APPLE MUSIC for its streaming services and filed a trademark application seeking to register the mark for production and distribution of sound recordings and arranging, organizing,...more

Irwin IP LLP

Federal Circuit Takes a Bite Out of Apple’s Trademark Application

Irwin IP LLP on

On April 4, 2023, in a case of first impression, the Federal Circuit reversed the Trademark Trial and Appeal Board (TTAB) and held that a trademark applicant cannot use the priority date of a prior application when the goods...more

Bradley Arant Boult Cummings LLP

Comparing Apple to Apple

On April 4, 2023, jazz musician Charles Bertini emerged victorious in his legal battle against the tech giant Apple Inc. To provide some background, in 2015, Apple launched a streaming service and filed for federal trademark...more

McDermott Will & Emery

And All That Jazz: Trademark Used for One Service Doesn’t Permit Tacking for Others

McDermott Will & Emery on

Reversing the Trademark Trial & Appeal Board’s decision to dismiss an opposition, the US Court of Appeals for the Federal Circuit addressed the requirements for a trademark owner to employ “tacking” based on the use of a mark...more

Knobbe Martens

How Far Can the Music Go: The Limited Reach of the Trademark Tacking Doctrine

Knobbe Martens on

BERTINI v. APPLE INC. Before Moore, Taranto and Chen. Appeal from the Patent Trial and Appeal Board. Summary: Tacking a mark for one good or service does not grant priority for every other good or service in the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Dunlap Bennett & Ludwig PLLC

Killing Them Easier: USPTO “Reverses” the Federal Circuit on Genericness

Generic terms—terms that are primarily understood to be the name of a product or service—cannot be trademarks. For example, one cannot register APPLE as a trademark for (you guessed it) apples. When a trademark becomes...more

Knobbe Martens

Trademark Review - Volume 3 | Issue 1 January 2013

Knobbe Martens on

In This Issue: • Bottle Design and Bottle Cap Design Are Both Entitled to Trademark Registration • Disney Owns Winnie-the-Pooh Trademarks • Apple Loses Claim Against Amazon for Use of Appstore - Excerpt...more

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