As we reported in our July 7, 2020 blog post on the USPTO v. Booking.com B.V decision, the U.S. Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like...more
10/29/2020
/ Acquired Distinctiveness ,
Booking.com ,
Domain Name Registration ,
Generic Marks ,
Goods or Services ,
SCOTUS ,
Trademark Act ,
Trademark Examination Guide ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
Trademark rights in the US are based on use of a mark not on registration. Failure to use your mark on a product or to offer a service to the public can result in an abandonment of your trademark rights and an inability to...more
Trademark dilution is a concept not easily understood. Although, we have written about this topic in previous posts, a recent decision by the Trademark Trial and Appeal Board, ESRT Empire State Building, L. L. C. v. Michael...more
The overwhelming public reaction to the US Trademark Trial and Appeal Board’s June 18 decision canceling six REDSKINS trademark registrations on grounds that the mark disparaged Native Americans has been impressive. However,...more
6/20/2014
/ Blackhorse v Pro-Football ,
Disparagement ,
Football ,
Laches ,
Native American Issues ,
NFL ,
Popular ,
Redskins ,
Registration ,
Trademark Act ,
Trademark Trial and Appeal Board ,
Trademarks
A three-judge panel of the US Trademark Trial and Appeal Board (TTAB), for the second time and in a 2-1 decision, has held that the REDSKINS trademark used in connection with professional football and related services by the...more
6/19/2014
/ Blackhorse v Pro-Football ,
Disparagement ,
Football ,
Laches ,
Native American Issues ,
NFL ,
Popular ,
Redskins ,
Registration ,
Trademark Act ,
Trademark Trial and Appeal Board ,
Trademarks
Racial and ethnic disparagement is a hot topic at the Trademark Trial and Appeal Board these days. While a decision is still pending in the latest cancellation action involving the long disputed WASHINGTON REDSKINS...more
The language in the Trademark Act is very clear on the issue of assignment of intent-to-use applications. In a recently issued precedential opinion, the Trademark Trial and Appeal Board has held, once again, that Section...more