Cathy Dahl on Trademark Trial and Appeal Board

Coca-Cola - “Thums Down” on Evidence of Damages in Misrepresentation of Source in Cancellation Proceeding with Unresolved...

We reported here last summer the outcome of Coca-Cola Company’s petitions to cancel the registrations for the above-captioned marks owned by Meenaxi Enterprise, Inc. Meenaxi appealed the TTAB’s decision to cancel the...more

7/22/2022 / Coca Cola , Foreign Trademark , India , Lanham Act , Misrepresentation , Reputational Injury , Trademark Litigation , Trademark Registration , Trademark Trial and Appeal Board , Trademarks

Coca-Cola Successfully Petitions to Cancel Trademark Registrations Based on Misrepresentation of Source

Coca-Cola Company has a rich history and well-established global brand in its products originating in the U.S. It has also purchased and invested in the development of other brands and distribution of beverage products...more

7/27/2021 / Brand , Coca Cola , Corporate Counsel , India , Misrepresentation , Trademark Cancellation , Trademark Registration , Trademark Trial and Appeal Board , Trademarks , USPTO

Beyoncé Trademark Case Provides Evidentiary Lessons Before the TTAB

Veronica Morales, a wedding/event planner providing services under the trademark BLUE IVY, has unsuccessfully challenged a pending application for the mark BLUE IVY CARTER, filed by BGK Trademark Holdings, LLC (Beyoncé...more

8/11/2020 / Beyonce , Celebrities , Corporate Counsel , Discovery , Discovery Disputes , Evidence , Intent-to-Use , Trademark Application , Trademark Trial and Appeal Board , Trademarks

Are Color Trademarks on Product Packaging Inherently Distinctive?

On April 8, 2020, the Court of Appeals for the Federal Circuit issued a decision on an appeal from the refusal of registration of a color trademark by the Trademark Trial and Appeal Board. In this case, the applicant, Forney...more

4/20/2020 / Appeals , Color Marks , Inherently Distinctive , Product Packaging , Trademark Litigation , Trademark Registration , Trademark Trial and Appeal Board , Trademarks

DuPont Factors of Likely Confusion – Long Term Co-Existence Without Confusion Deserves Consideration by TTAB

Recently, the Court of Appeals for the Federal Circuit vacated and remanded to the Trademark Trial and Appeal Board a decision on an ex parte appeal regarding a likelihood of confusion between the applicant’s mark GUILD...more

3/14/2019 / Appeals , DuPont Factors , Ex Parte , Likelihood of Confusion , Remand , Trademark Application , Trademark Registration , Trademark Trial and Appeal Board , Trademarks , Vacated

TTAB Appeal Fees – Winner Does Not Take All

We recently wrote about the decision in the federal district court for the Eastern District of Virginia, which overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable...more

11/3/2017 / Attorney's Fees , Booking.com , Lanham Act , Trademark Trial and Appeal Board , USPTO

Booking it to the District Court

A recent decision out of the federal district court for the Eastern District of Virginia overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable on the basis that the...more

9/15/2017 / Acquired Distinctiveness , Booking.com , Generic Marks , Litigation Strategies , Trademark Application , Trademark Registration , Trademark Trial and Appeal Board , Trademarks , USPTO

Improper Assignment of THE EMERALD CITY Mark – Registration Cancelled in Toto

Assignment of an intent-to-use trademark application can be fraught with risk. To deter “trafficking” in ITU applications, Section 10 of the Lanham Act prohibits the assignment of an ITU application before an amendment to...more

2/24/2017 / Intent-to-Use , IP Assignment Agreements , Lanham Act , Trademark Application , Trademark Opposition Proceedings , Trademark Trial and Appeal Board , Use in Commerce

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

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

10/24/2016 / Geographically Descriptive , Lanham Act , Likelihood of Confusion , Supplemental Register , Trademark Application , Trademark Trial and Appeal Board

Cathy Dahl

Dorsey & Whitney LLP

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