Use in Commerce

News & Analysis as of

Trademark Red Tape: Post-Registration Proof Pilot To Go Permanent

USPTO Red TapeRegular readers of the Trademark and Copyright Law Blog and our Trademark Red Tape™ column may recall our previous report on a pilot study by the United States Patent & Trademark Office (PTO) about...more

Trademark Review | June 2016

Coca-Cola has Acquired Secondary Meaning in ZERO for Colas - In an opposition proceeding before the TTAB, Royal Crown (RC) and Dr. Pepper/Seven Up sought to prevent registration of seventeen applications filed by...more

Trademark applicant’s Twitter account not service mark use for social media services

Florists’ Transworld Delivery, Inc. (“Florists”) filed an application to register their SAY IT YOUR WAY trademark in Class 35 and in Class 42 for “[c]reating an on-line community for registered users to participate in...more

Trademark Review | May 2016

Surname Not Registrable Absent Substantially Exclusive Use - As a result of various third-party uses of the surname “Ayoub” for similar services, Applicant’s use of AYOUB did not meet the requirement of Section (f) that...more

Gibson Guitar Corp. v. Viacom International, Inc. (USCA, Ninth Circuit, February 19, 2016)

Ninth Circuit affirms district court's dismissal of SpongeBob SquarePants trademark suit against Viacom but revives claims against U.K.-based defendant on grounds that question of whether product was used in commerce in U.S....more

Missed Connections: Seeking The Girl on the Train, Found Girl on a Train

The Wall Street Journal recently reported the spike in e-book sales of Alison Waines' two-year-old novel, Girl on a Train. The cause? Apparently, some customers thought they were purchasing The New York Times' best seller...more

Trademark Review | November 2015

I AM Similar - The Trademark Trial and Appeal Board (TTAB) affirmed the examiner’s decision to deny three applications for “I AM” marks filed by i.am.symbolic, LLC (“Applicant”), finding that Applicant’s proposed “I AM”...more

BUY NOW: Use in Commerce for Mobile Applications

For a mobile application developer, clearing the Apple® App Store's® often lengthy approval process and seeing the mobile application available for purchase may seem like the last necessary step to establish use of the name...more

MarkIt to MarketTM - October 2015

The October issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use in commerce as applied to mobile applications and services, outlines best practices for ensuring your business owns artwork and textual works...more

Conflicting State and Federal Laws May Result in Crippling Blows to Business in the Marijuana Industry

As of October 2015, four states have legalized marijuana for recreational use: Alaska, Colorado, Oregon and Washington. The recreational marijuana movement—although slow in terms of states following by legalizing use—has had...more

Summary of Recent Precedential Trademark Trial and Appeal Board Decisions

From June through August 2015, the Trademark Trial & Appeal Board issued eleven precedential decisions. Over the course of the upcoming weeks, we are briefly summarizing each opinion and a “take away” for brand owners and...more

IP Law Tracker Docket Review

Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the...more

Trademark Review | August 2015

The Redskins Lose Again (Off the Field)- A federal District Court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that “Redskins” cannot be registered as a trademark for use in connection with a...more

Intellectual Property and Technology News - Issue 27 Q3 2015

In This Issue: How Private is That Connected Car? US v EU Among the fastest growing sectors in the industry of smart things is the connected car. No longer a simple way from point A to point B, cars now...more

Tastes Like Chicken, Not a Copyright

A common refrain: “There must be a way to protect this idea, either by trademark or copyright.” Regrettably, in many instances, the answer is “none of the above.” Take, for example, the humble chicken sandwich....more

Timing Is Everything—Objective Evidence of Bona Fide Intent to Use Necessary at the Time of Filing Application - M.Z. Berger & Co....

Addressing what constitutes sufficient evidence of “bona fide intent” to use a trademark in commerce, the U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB or Board) decision...more

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

In its June 18, 2014 Blackhorse decision, the TTAB ordered six Redskins trademarks to be cancelled as disparaging to Native Americans at the time they were registered....more

MarkIt to MarketTM - July 2015

The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more

The Katten Kattwalk - Issue 07

Happy summer! We are seeing some great new styles this summer here on Madison Avenue, and of course, there are a number of hot legal issues to consider as we head into the fall. Our latest issue discusses the applicability of...more

Redskins Trademark Decision

On July 8, 2015, a Virginia District Court ordered the cancellation of six NFL Redskins trademark registrations, under a Lanham Act prohibition against registering marks that “may disparage” a referenced class at the time of...more

Redskins Trademarks – Answers to Key Questions Regarding Recent Ruling

Last week, the U.S. District Court sitting in Alexandria, Virginia granted what would appear to be a sweeping victory to a group of five Native Americans who have renewed attempts to cancel the federal registrations of...more

Chipping Away at the Dead Wood and Other Registered-But-Unused Marks

An ongoing issue faced by the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations granted or retained for over-inclusive identifications of goods and/or services where the...more

Hashtag Trademarks: #ItsAllAboutTheUse

Brand owners have embraced hashtags (words or phrases preceded by a hash or pound sign - #) as a way to both engage consumers and track social media posts regarding a specific product or topic. Not surprisingly, the...more

Federal Circuit: Lack of Bona Fide Intent to Use at the Time of Filing Fatal to Trademark Application

In a recent ruling the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (TTAB) sustaining an opposition against a trademark application on the grounds that the applicant failed to prove that it...more

Walt Disney's TM Case Could be Heard by the Supreme Court

Back in February of 2014, Walt Disney Co. (“Disney”) successfully upheld its cancellation proceeding of a registration for a rival PLAYDOM mark on the grounds that the owner, David Couture (“Couture”), was not using the mark...more

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