In MHCS v Les Grands Chais De France (Cancellation No 92075021, 8 March 2024), the Trademark Trial and Appeal Board (TTAB) has granted a petition for cancellation brought by viticulture giant MHCS against a mark owned by the...more
Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant[s]”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark...more
12/20/2023
/ Fraud ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair...more
9/26/2023
/ Appeals ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
PepsiCo ,
Remand ,
Summary Judgment ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unfair Competition ,
Unjust Enrichment ,
Vacated
In In re Palacio Del Rio Inc (Serial Nos 88412764 and 88437801), the Trademark Trial and Appeal Board (TTAB) has issued an opinion affirming the refusal of two building design mark applications by Palacio Del Rio Inc (PDR) –...more
The appellants, Interprofession du Gruyère and Syndicat Interprofessionnel du Gruyère, are two consortiums, Swiss and French, that regulate use of the term ‘gruyere’ to refer only to cheeses produced in the Gruyère district...more
5/3/2023
/ Appeals ,
EU ,
Generic Marks ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Summary Judgment ,
Trademark Application ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades...more
7/7/2022
/ Amended Rules ,
Brand ,
Deadlines ,
Ex Partes Reexamination ,
Expungement ,
Trademark Cancellation ,
Trademark Modernization Act (TMA) ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In Moran, personal representative of the estate of Frankie Edith Kerouac Parker v Edie Parker LLC (Case No 20-cv-12717 (ED Mich), 27 September 2021), the US District Court for the Eastern District of Michigan addressed the...more
The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”.
...more
The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”. What...more
In a precedential decision in In re Fantasia Distribution Inc, Serial 86185623 (September 21 2016), the Trademark Trial and Appeal Board (TTAB) held that a repeating diamond design pattern appearing on an electronic hookah...more
In a non-precedential decision in In re French Meadow Organic Bakery LLC, Serial No 86243820 (February 4 2016), the Trademark Trial and Appeal Board (TTAB) held that HEALTHY HEMP was merely descriptive of “bakery goods;...more