News & Analysis as of

Registration Trademark Trial and Appeal Board

Nossaman LLP

TTAB Decisions May Be Determinative Of Trademark Infringement Litigation

Nossaman LLP on

In a well-written opinion, the Supreme Court ruled this week that a final TTAB decision on likelihood of confusion regarding a particular mark can be binding in separate trademark infringement litigation. The Court reversed a...more

Proskauer Rose LLP

The Stakes in Your TTAB Opposition Proceeding Just Went Way Up: Trademark Trial and Appeal Board "Likelihood of Confusion"...

Proskauer Rose LLP on

Yesterday the United States Supreme Court issued a landmark ruling in B&B Hardware, Inc. v. Hargis Industries, Inc. et al., case number 13-352, 575 U.S. ___ (2015), holding that likelihood of confusion determinations by the...more

Knobbe Martens

Supreme Court Trademark Decision - TTAB Findings Can Be Binding in Court Cases

Knobbe Martens on

TTAB Registration Decisions May Have Issue Preclusion Effect - On March 24, 2015, in B&B Hardware, Inc. v. Hargis Industries, Inc., the Supreme Court raised the stakes and importance of decisions by the Trademark...more

Snell & Wilmer

Supreme Court: TTAB Proceedings Can Have Preclusive Effect in Federal Court

Snell & Wilmer on

Yesterday, the Supreme Court held in B&B Hardware v. Hargis Industries that likelihood-of-confusion decisions by the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) can have preclusive...more

Cooley LLP

Alert: Supreme Court Holds that Trademark Board Rulings on Confusion May Bind Later Infringement Litigation

Cooley LLP on

The U.S. Supreme Court has ruled that Trademark Trial and Appeal Board ("TTAB") decisions on likelihood of confusion in disputes over registration may preclude relitigation of the issue in a later suit for trademark...more

Polsinelli

SCOTUS Today: TTAB Decisions, Not Federal Courts Will Be Final Arbiter in Many Trademark Cases

Polsinelli on

Tuesday the Supreme Court, in B&B Hardware Inc. v. Hargis Industries Inc. et al., case number 13-352, decided that Trademark Trial and Appeal Board ("TTAB") decisions preclude federal courts from ruling on issues that are...more

Foley & Lardner LLP

Supreme Court Holds That TTAB Decisions on Likelihood of Confusion May Bind Courts in Infringement Litigation

Foley & Lardner LLP on

In a 7 – 2 decision issued March 24, 2015, the U.S. Supreme Court held that decisions of the Trademark Trial and Appeal Board (TTAB) on the issue of likelihood of confusion, made in registration cases, can be binding on...more

Knobbe Martens

Winery Fails to Prove That Wines and Apple Juices Are Related Goods

Knobbe Martens on

Domaines Pinnacle, a Canadian corporation and producer of alcoholic ice apple wines, filed an application with the US Patent and Trademark Office seeking to register the mark DOMAINE PINNACLE for “apple juices and apple-based...more

Smith Anderson

Supreme Court Considers Impact of TTAB "Likelihood of Confusion" Finding on Trademark Infringement Litigation

Smith Anderson on

On December 2, 2014, the United States Supreme Court heard oral argument in B&B Hardware, Inc. v. Hargis Industries, Inc.. The question before the Supreme Court is how much deference, if any, a federal district court hearing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Look Beyond the Registration to Determine Likelihood of Confusion

Just in time for the holiday shopping season, the Trademark Trial and Appeal Board's recent decision in Anthropologie, Inc. and Urban Outfitters Wholesale, Inc. v. Happy Green Company LLC is a good reminder of why, when...more

Fenwick & West LLP

Could Offensive Trademarks Find Refuge in Common Law?

Fenwick & West LLP on

The 177-page tome the Trademark Trial and Appeal Board (TTAB) just issued in Blackhorse v. Pro-Football Inc. is remarkable for its length and its subject matter, cancellation of the controversial REDSKINS mark as disparaging...more

Dickinson Wright

The Redskins Decision: Much Ado About (Probably) Not Much

Dickinson Wright on

I’ve been having fun listening to commentators – most of whom appear to know little or nothing about trademark law – expound on last week’s decision by the Trademark Trial and Appeal Board to cancel six trademark...more

Davis Wright Tremaine LLP

The Redskins Decision: What It Means and Does Not Mean

On June 18, 2014, the Trademark Trial and Appeal Board (TTAB or Board) issued its ruling in Blackhorse v. Pro Football, Inc. (TTAB Cancellation No. 92046185) cancelling the Washington Redskins’ federal trademark registrations...more

Miller Canfield

USPTO Cancels Washington Redskins' Trademark Registrations

Miller Canfield on

In a landmark case, the Unites States Patent and Trademark Office cancelled six trademark registrations associated with the National Football League team, the Washington Redskins, finding that use of the term "redskin" is...more

Sands Anderson PC

What does the Redskins Cancellation Mean for My Business and Trademarks?

Sands Anderson PC on

The US Trademark Trial and Appeal Board recently cancelled several Washington Redskins trademarks on the grounds that at the time these marks were registered, they were disparaging or offensive. This means the marks should...more

Mintz - Trademark & Copyright Viewpoints

Let’s Set the Record Straight….the Redskins Still Own the REDSKINS Tradmarks

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

Foley & Lardner LLP

U.S. Patent and Trademark Office Orders Cancellation of "REDSKINS" Trademark Registrations

Foley & Lardner LLP on

On June 18, 2014, a divided panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) ordered cancellation of six of the Washington Redskins’ trademark registrations holding that “Redskins” was a...more

Mintz - Trademark & Copyright Viewpoints

“REDSKINS” US Trademark Registrations are Canceled for Disparaging Native Americans

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

Baker Donelson

Redskins Trademarks Cancelled - Found Disparaging to Native Americans (Again)

Baker Donelson on

On June 18, 2014, in Amanda Blackhorse et al. v. Pro-Football, Inc., Cancellation No. 92046185 (TTAB 6/18/2014), the Trademark Trial and Appeals Board (TTAB) cancelled six trademark registrations issued between 1967 and 1990...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Markit to Market - May 2014

In This Issue: - Scammers Still Be...Scamming - Contests – Check Rules Before Offering! - Catalogs as Specimens - gTLD Sunrise Periods Now Open - Excerpt from Scammers Still Be...Scamming: Based...more

Sheppard Mullin Richter & Hampton LLP

Are Circuit Courts of Appeals Split as to the Preclusive Impact Accorded to Prior Trademark Trial and Appeal Board Decisions?

Battles between brand owners are frequently fought in the United States in two forums: the Trademark Trial and Appeal Board and federal district court. While the TTAB is limited to determining a party’s right to register...more

Mintz - Trademark & Copyright Viewpoints

TTAB Refuses to Register “The Slants,” Finding it to be “Disparaging”

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

Moore & Van Allen PLLC

Dilution & the Trademark Trial & Appeal Board (TTAB)

Moore & Van Allen PLLC on

The TTAB recently handed down its precedential decision in Nike, Inc. v. Peter Maher and Patricia Hoyt Maher, 100 USPQ2d 1018 (2011). In this decision, the Mahers filed an application to register the mark JUST JESU IT in...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide