As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. The United States Patent and Trademark Office has maintained its refusal to...more
3/16/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Common Law Claims ,
Counterclaims ,
Cross Motions ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Intellectual Property Protection ,
Lanham Act ,
Marijuana ,
Medical Foods ,
Motion to Dismiss ,
Plant Based Products ,
Preemption ,
Preliminary Injunctions ,
Priority Disputes ,
Retail Market ,
Summary Judgment ,
Trademark Application ,
Trademark Cancellation ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
USPTO
The Trademark Trial and Appeal Board (the “Board”) recently held that AT&T Mobility, LLC (“AT&T”) had sufficient interest in its almost completely moribund CINGULAR name to oppose two pending trademark applications filed by...more
3/3/2020
/ Abandonment ,
Article III ,
AT&T ,
Intellectual Property Protection ,
Lanham Act ,
Standing ,
Subsidiaries ,
Trademark Application ,
Trademark Infringement ,
Trademark Trial and Appeal Board ,
Trademarks ,
Wireless Industry ,
Wireless Technology
The Federal Circuit recently sustained the Trademark Trial and Appeal Board’s (“TTAB” or the “Board”) refusal to register Louis Vuitton Malletier’s (“LVM”) trademark APOGÉE for perfumes, a decision that will concern...more
7/17/2019
/ Cosmetics ,
Fashion Branding ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Louis Vuitton ,
Personal Care Products ,
Retail Market ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
According to the Federal Circuit, the skinny on the term “Thins” is that it may be generic for thinly cut snack crackers. Real Foods Pty Ltd. V. Frito-Lay North America, Inc., (October 4, 2018 Fed. Cir.)....more
10/16/2018
/ Acquired Distinctiveness ,
Appeals ,
Descriptive Trademarks ,
Food Manufacturers ,
Frito-Lay ,
Intellectual Property Protection ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
William Adams is a musical performer who is more famously known by his stage name, will.i.am. A recent ruling from the United States Patent and Trademark Office, Trademark Trial and Appeal Board, unfortunately makes him a...more
8/30/2018
/ Fashion Design ,
Fashion Industry ,
Hashtags ,
International Trademark Protection ,
Likelihood of Confusion ,
Musical Sound Recordings ,
Trademark Application ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
USPTO
The New Jersey Turnpike Authority (“NJTA”) was forced to pay a big toll when the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”), dismissed its opposition to a pizza restaurant’s...more
5/30/2018
/ Intellectual Property Protection ,
Likelihood of Confusion ,
Logos ,
Restaurant Industry ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Transportation Industry
The Supreme Court denied review of the 2d Circuit decision on the Stolichnaya trademark....more
The Southern District of New York recently booted shoe manufacturer LVL XIII Brands, Inc.’s trade dress infringement suit against Louis Vuitton Malletier S.A. in LVL XIII Brands, Inc. v. Louis Vuitton Malletier S.A.. At issue...more
9/22/2016
/ Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Lanham Act ,
Louis Vuitton ,
Retail Market ,
Summary Judgment ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
USPTO
In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more
In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more
The Second Circuit recently issued its latest ruling in a long-running legal battle over the trademark rights to the STOLICHNAYA trademark. In this latest decision in the 12-year dispute, the Court ruled that an agency of the...more
In a ruling bound to please 15 year-old boys everywhere, the USPTO Trademark Trial and Appeal Board (“TTAB”) reversed the Examining Attorney’s refusal to register the trademark NUT SACK DOUBLE BROWN ALE (in standard character...more
11/5/2015
/ Beer ,
Breweries ,
Corporate Counsel ,
Lanham Act ,
Offensive Language ,
Trademark Act ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Wine & Alcohol ,
Young Lawyers
In The North Face Apparel Corp. v. Sanyang Industry Co., Ltd., Opp. No. 91187593 (September 18, 2015), the Trademark Trial and Appeal Board (“TTAB”) handed The North Face Apparel Corp. (“The North Face”) significant victories...more
9/30/2015
/ Automotive Industry ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Motion to Amend ,
Retail Market ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
The number of successful oppositions against trademark applications based on a claim that the applicant had “no bona fide intent to use” has been increasing in recent years. On September 10, 2015, in Swiss Grill Ltd. v. Wolf...more
In Tartell v. South Florida Sinus and Allergy Center, Inc., the Eleventh Circuit reversed the district court’s finding that the plaintiff’s personal name had acquired distinctiveness as a trademark and that the defendant...more
The Supreme Court issued its second trademark ruling of the term on Tuesday, ruling that federal court decisions on “likelihood of confusion” sometimes can be precluded by earlier rulings about trademark registrability issued...more
The Supreme Court issued its second trademark ruling of the term on Tuesday, ruling that federal court decisions on “likelihood of confusion” sometimes can be precluded by earlier rulings about trademark registrability issued...more
The Second Circuit ruled last week in favor of Plaintiff Marcel Fashion Group Inc. (“Marcel”), vacating the trial court’s grant of summary judgment in favor of Defendant Lucky Brand Dungarees, Inc. (“Lucky Brand”), which had...more
In Ferring B.V. v. Fera Pharmaceuticals, LLC, the Eastern District of New York was called upon to determine the importance of the United States Patent and Trademark Office’s Trademark Manual of Examining Procedure (“TMEP”)...more