News & Analysis as of

Generic Trademarks

The End Times for Brands?

Several years ago I wrote a post about Selfridges’ “No Noise” campaign, featuring de-branded from brands like Heinz, Clinique, and Levi’s. In that post, I asked whether de-branded design would soon become a new trend....more

Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test

by Revision Legal on

A court will apply the “likelihood of confusion” test in a trademark infringement suit. This is actually an umbrella term for several tests employed by the various federal circuits. However, most courts use a group of similar...more

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

by Knobbe Martens on

On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

What’s a Peppadew?

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot...more

EU Retail News - December 2016

by Bryan Cave on

In 2010, two business school graduates launched Birchbox; a monthly subscription service to a box filled with sample-sized beauty products from over 309 brands. Birchbox has solved one of the most significant barriers to...more

Considerations When Using Descriptive or Generic Trademark Terms

by Snell & Wilmer on

I. Adding Distinctive Terms or Logos to a Descriptive or Generic Term Will Not Protect the Descriptive or Generic Term. A descriptive trademark1 is one that immediately brings to mind a use, purpose, function,...more

Welcome to the Hotel Chicago Dispute

Although not the title to an Eagles’ song like “Hotel California,” Hotel Chicago is in the news as it is at the heart of a trademark dispute. As I was booking a room at the Fairmont in Chicago for next month, I must admit I...more

“Churrascos” Is Generic for Restaurant Services

by McDermott Will & Emery on

On appeal from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit affirmed the TTAB’s refusal to register a stylized form of the mark CHURRASCOS for restaurant services, finding that...more

Fighting Over “Nothing”: The Trademark Battle Over Zero

by Ladas & Parry LLP on

Several big beverage makers recently took each other on in a consolidated proceeding before the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO). In the case of Royal Crown...more

Federal Circuit Skewers Trademark Applicant

In In re Cordua Restaurants, Inc., [2015-1432] (May 13, 2016), the Federal Circuit affirmed the refusal of registration of the stylized mark CHURRASCOS for restaurant services on the ground that term is...more

Beer Lawyers Rally to Stop Federal Registration of the Mark "CRAFT BEER ATTORNEY"

by Davis Brown Law Firm on

You know you’re in for a fight when 14 different law firms come together to launch an opposition--an administrative proceeding before the Trademark Trial and Appeal Board--against registration of your trademark application....more

Generic Churrascos at the Federal Circuit

The Federal Circuit recently provided additional guidance concerning whether an applied-for mark is generic in In re Cordua Restaurants, Inc., (May 13, 2016). This case stemmed from the United States Patent and Trademark...more

A Missed Step in Branding Fitness Trackers?

I’ve been wearing one of these little guys on my wrist for almost a year now. Love it. The personal awareness it raises for me in the areas of sleep, diet, and activity, has been profound....more

Tissue Tussles at the Trademark Office

by Winthrop & Weinstine, P.A. on

Each of the seasons has its own soundtrack to signal its transition. Spring is symbolized by the chirping of robins and sparrows. The sound of the grill and the splashing in the pool announces the arrival of Summer....more

The Katten Kattwalk - Issue 08

by Katten Muchin Rosenman LLP on

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

Thirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if Evidence Is Insufficient - In re Louisiana Fish Fry...

by McDermott Will & Emery on

Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence supporting the plaintiff’s...more

The Survey Says: TIFFANY Is Not Generic for a Ring Setting

by Morrison & Foerster LLP on

Last week, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale Corporation for selling rings advertised under the TIFFANY mark. Tiffany &...more

Costco Eats Crow for Its Breakfast at Tiffany’s

by Fish & Richardson on

Founded in 1837 by Charles Lewis Tiffany, Tiffany & Co. is now arguably the world’s best known jeweler. The company claims to have introduced the first-ever mail-order catalog in the United States, the Blue Book®. Tiffany...more

Out of the Frying Pan, Into Disclaimer

In In re Louisiana Fish Fry Products, Inc., [2013-1619], (August 14, 2015), the Federal Circuit affirmed the TTAB’s decision affirming the refusal of registration of LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA...more

Two Generics Can Make a Mark - Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

by McDermott Will & Emery on

The U. S. Court of Appeals for the Federal Circuit vacated and remanded for further proceedings the decision of the Trademark Trial and Appeal Board (TTAB or Board) cancelling the registration of the mark PRETZEL CRISPS,...more

Trademark Review | May 2015

by Knobbe Martens on

Attorneys’ Fees Might be More Readily Granted in Trademark Cases - Last year, the U.S. Supreme Court relaxed the standard for awarding attorneys’ fees to the prevailing party in patent infringement cases. Octane...more

Pretzel Logic: Federal Circuit holds that TTAB Failed to Consider Mark as a Whole

An application to register PRETZEL CRISPS as a mark will live another day, thanks to a Federal Circuit opinion reversing a TTAB decision that had canceled the mark on grounds of genericness....more

Descriptive or Suggestive Marks: An Issue for "Experts"?

by Akerman LLP on

On February 28, 2015, the Southern District of New York denied a motion to exclude the testimony and survey of an expert witness regarding whether a trademark was descriptive or suggestive. In Rise-N-Shine, LLC v. Robin...more

The Katten Kattwalk - Issue 06

In this issue: - “Google It”: The Search Engine’s Trademark May Be a Verb, But It’s Not Generic - You Say “Tom‘ah’to,” I Say “Tom‘ay’to”: Determining the Correct Pronunciation of Uniquely Coined...more

That Yo-Yo is actually a Yo-Yo™ — Generic Trademarks

by Butler Snow LLP on

There is a recent magazine ad by Xerox Corporation showing consumer goods by picture only, and the products were instantly identifiable by their popular names: a thermos, an escalator, a trampoline, and a yo-yo. Xerox...more

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