In advising clients and making strategic decisions about whether to bring or defend inter partes proceedings before the Trademark Trial and Appeal Board ("TTAB"), trademark practitioners need to consider carefully whether...more
Applicant Successfully Avoids Fraud Claim by Consenting to Judgment on Abandonment Claim -
In a precedential opinion, the Trademark Trial and Appeal Board granted the Applicant’s motion for entry of judgment on the...more
Trademark owners outside the United States often find it useful to file U.S. applications based on priority from an application or registration in their home country, or as an extension of protection from an International...more
Addressing for the first time whether attorneys’ fees are included in the statute, the U.S. District Court for the Eastern District of Virginia held that “all expenses of the proceedings” under 15 U.S.C.§ 1071(b)(3) includes...more
The District Court Finds the TTAB Erred in Refusing to Register INTELLIGENT QUARTZ for Watches -
The USPTO refused an application by Timex to register the mark INTELLIGENT QUARTZ for watches on the basis that the mark...more
In Shammas v. Focarino, the Eastern District of Virginia holds that an applicant must pay the government attorney's fees regardless of the applicant's success in a Section 1071(b) civil matter.
Battles between brand owners are frequently fought in the United States in two forums: the Trademark Trial and Appeal Board and federal district court. While the TTAB is limited to determining a party’s right to register...more
Federal judge requires parties challenging decisions of the Trademark Trial and Appeal Board to pay the government’s attorney’s fees
In a matter of first impression, a Virginia District Court recently ruled that the...more
On January 7, 2014, the Fourth Circuit Court of Appeals clarified that a district court must take a fresh look at all of the evidence – including evidence previously submitted to the Trademark Trial and Appeal Board (TTAB) –...more
Applicants who challenge a Trademark Trial and Appeal Board refusal to register a trademark must reimburse the government for PTO attorney fees even if they win....more
The Trademark Trial and Appeal Board (TTAB) recently granted summary judgment sustaining an opposition against an application based on intent-to-use (“ITU”) on the sole ground that the applicant had no tangible proof of any...more
The Downfall of a “Stacked” Wine -
Stacked Wines, LLC makes individually-packaged glasses of wine that vertically stack to form one full bottle of wine.
Stacked Wines sought to register the mark STACKED in the...more
In This Issue:
- IS THIS REALLY A JOB FOR THE TRADEMARK OFFICE?
Legal proceedings involving mass murders and lurid sexual escapades get lots of media attention.
Trademark cases? Not so much.
Racial and ethnic disparagement is a hot topic at the Trademark Trial and Appeal Board these days. While a decision is still pending in the latest cancellation action involving the long disputed WASHINGTON REDSKINS...more
On June 12, 2013, the Trademark Trial and Appeal Board (TTAB) granted two motions for summary judgment based on lack of Applicant’s bona fide intent.
In the first of these decisions, Pacific Poultry Company, Limited v....more
First red soles, now woven leather handbags. Trademark law is catching up to what aficionados have known for a long time—you don’t always need a logo to identify a fashion house’s signature pieces....more
As many anxiously await the Trademark Trial and Appeal Board’s (TTAB) decision in Blackhorse v. Pro Football, Inc., a trademark cancellation action seeking to revoke six federal service mark registrations containing the...more
We continue to anxiously await the Trademark Trial and Appeal Board’s decision in Frito-Lay North America, Inc. v. Princeton Vanguard, LLC, especially given the Board’s recent genericness ruling in Sheetz of Delaware, Inc. v....more
A recent hearing before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office provides guidance as to the interpretation, reach, and application of Section 2(a) of the Lanham Act, 15 U.S.C. §...more
Rapper Dr. Dre and the company he co-founded, Beats Electronics, LLC, are on the offensive at the US Trademark Trial and Appeal Board challenging a multitude of third-party applications for marks which consist of or contain...more
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
In This Issue:
• Owner of “WOULD YOU RATHER...?” Wins $8.3 Million
• PC ON A STICK Is Not Merely Descriptive
• Sonoma Wine Producer Wins Geographically Limited Injunction
• Brand Owners Awarded Favorable Damages...more
In This Issue:
• JOTS for Gelatin Shots Found Confusingly Similar to TOTT’S for Sparkling Wine
• Likelihood of Confusion Between DUB for Nutritional Supplements and DUB for Non- Alcoholic Energy Drinks
The TTAB recently handed down its precedential decision in Nike, Inc. v. Peter Maher and Patricia Hoyt Maher, 100 USPQ2d 1018 (2011). In this decision, the Mahers filed an application to register the mark JUST JESU IT in...more
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