News & Analysis as of

Geographically Descriptive

Key EU Trademark Changes Ahead

Beginning October 1, several key changes to the EU trademark regime will come into effect. Removal of "Graphical Representation" Requirement - Arguably of most significance is the elimination of the graphical...more

Wawa Not Gaga Over Dawa?

Earlier this month, Wawa, an East Coast convenience store chain, demonstrated it is not gaga over a single location food mart called Dawa...more

Supplemental Registrations – Actually Worth a Hill of (Coffee) Beans

by Dorsey & Whitney LLP on

The potential defensive value of a registration on the Supplemental Register is highlighted in a recent opinion of the Trademark Trial and Appeal Board, In re Morinaga Nyugyo Kabushiki Kaisha. While we often think of...more

Second Circuit Affirms Dismissal of Sherman Act Claims Due to Failure to Allege a Plausible Geographic Market

by K&L Gates LLP on

In Concord Associates, L.P., et al. v. Entertainment Properties Trust, No. 13-3933-cv (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit upheld the dismissal of a complaint alleging claims under the Sherman Act,...more

At The Corner of Trademarks and Confusion

Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic...more

Keep Calm and Sip Some Sparkling Wine

by Weintraub Tobin on

Many who enjoy champagne have noticed that their favorite cuvée has quietly changed its label. Many of the world’s bottles of bubbly now indicate that they contain “sparkling wine” when they used to be “champagne.” Those who...more

Geographic Location Mark Not Always Primarily Geographically Descriptive - In Re The Newbridge Cutlery Company

by McDermott Will & Emery on

The U. S. Court of Appeals for the Federal Circuit reversed a Trademark Trial and Appeal Board (Board) decision, concluding that the trademark NEWBRIDGE HOME was not primarily geographically descriptive of the goods because...more

Federal Circuit Rolls Back Geographic Descriptiveness Rejections for Trademark Applications

I’m sure Newbridge, Ireland, is a lovely place, but most Americans haven’t heard of it. That was the spirit of the Court of Appeals for the Federal Circuit’s decision in In re Newbridge Cutlery Co., involving the trademark...more

Trademark Review - February 2015

by Knobbe Martens on

Jury Decides Whether Earlier Trademark Can Be Used For Priority - In HANA FINANCIAL, INC. v. HANA BANK, No. 13-1211, the Supreme Court held that whether two trademarks may be tacked for purposes of determining priority...more

Recent Guidance on Geographically Descriptive Trademarks May Help Brand Owners

by Goulston & Storrs PC on

Brand owners frequently adopt geographic terms to describe the origin or a characteristic of goods, such as NANTUCKET NECTARS for beverages from Nantucket and HYDE PARK for high end apparel. ...more

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