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From Pocket to Wrist: Decision for Vortic Affirmed on Appeal

We have previously written about the trademark dispute between Vortic - a watchmaker that restores antique pocket watches, and converts them into wrist watches - and the venerated Hamilton Watch Company, which produced its...more

That’s Still a KOOL Mark, BLOOM - KOOL Cigarettes Smokes Out the Interlocking OOs in BLOOM Cannabis Products

Like me, Judge Otis D. Wright of the Central District of California remembers KOOL. A once leading menthol cigarette label, KOOL brands and its owner ITG Brands, LLC sued Capna Intellectual claiming Capna’s Bloom Brands’ use...more

To Kalon: Trademark or Geographical Description

The Northern District of California concluded last week that Constellation Brands has the exclusive right to use the TO KALON and TO KALON VINEYARD marks on wine, and that The Vineyard House, LLC (TVH) “cannot use the term in...more

“Zone of Expansion”: A Lesson in Federal Trademark Protection For Unlawful Products?

Now we wait. The final brief was submitted this past week in connection with an interlocutory appeal to the second circuit of the district court’s denial of a preliminary injunction over use of the WOODSTOCK mark. Potentially...more

From Pocket to Wrist: It’s Time to Watch Hamilton and Vortic

I used to love pocket watches. My Wyatt Earp Halloween costume was not complete until I had a gold pocket watch hanging from my black vest. It’s no surprise then that reading the court’s decision on a motion for summary...more

Fully Booked: The Fourth Circuit Confirms Booking.com is Protectable But Company Must Pay the USPTO’s Fees on Appeal

Dorsey’s TMCA team has thoroughly covered the history of the dispute between the USPTO and Booking.com B.V., which started when the Trademark Trial and Appeals Board rejected the BOOKING.COM trademark as generic (covered...more

To EatRight, It May be Too Late

The Ninth Circuit breathed new life, for now, into a trademark infringement suit brought by Eat Right Foods Ltd.’s (“ERF”) against Whole Foods Market, Inc. The district court had granted summary judgment for Whole Foods after...more

The Five Year Divide: Limited Recourse to Cancel Registrations, Even Those Void Ab Initio

The Sixth Circuit recently issued an opinion in NetJets Inc. v. IntelliJet Group, LLC Inc. (unpublished), holding that where a trademark registration is incontestable, it may not be cancelled on the ground that it was void ab...more

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