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Trademark Registration Trademark Litigation

The Trademark Trial And Appeal Board Announces A New Test For Comparing Standard Character Marks With Word & Design Marks

by Orrick - IP Landscape on

Order Affirming Refusal to Register, In re Aquitaine Wine USA, LLC, Serial No. 86928469 (TTAB Apr. 2, 2018) (Ritchie, Wolfson and Adlin) - The Federal Circuit left the following question open in its In re Viterra decision...more

Like a Rolling STONE: Stone Brewing’s Trademark Dispute with MillerCoors

by Bowditch & Dewey on

Stone Brewing—widely known for its popular IPA and other craft brews—recently cast the first stone in a trademark dispute with the conglomerate that owns Keystone. In its complaint for trademark infringement, Stone Brewing...more

“BLACK FRIDAY”: Not a trademark, just a day for special shopping deals

by Hogan Lovells on

Decision of the German Patent and Trademark Office of 27 March 2018 (ref. no. 30 2013 057 574 – S 33/17/Lösch) - The German PTO has seen the light in the dark of the “Black Friday” battles: The term has been declared free...more

When Does My Pillow Become Your Windfall?

Mike Lindell, has built an impressive business around a pretty simple brand name and trademark: We’ve previously written about the MyPillow trademark, noting the apparently narrow scope of rights it enjoys, as a result of the...more

Tangled In The Web: T.T.A.B. Dismisses Opposition Relying On Uncorroborated Internet-Based Evidence

by Orrick - IP Landscape on

Order Dismissing Opposition to Registration, WeaponX Performance Products Ltd. v. Weapon X Motorsports, Inc., T.T.A.B. (March 14, 2018) - Proving trademark rights in opposing an application to register a mark is crucial. ...more

Significant Intellectual Property Trademark Decisions

by Harris Beach PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a...more

What’s In a Name: The Bell’s v. Innovation Trademark Naming Dispute

Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more

Stone Brewing Fires The Shot Heard Round The Brewing World

by Weintraub Tobin on

The fight between craft brewers and Big Beer (i.e. MillerCoors & Budweiser) has been ongoing for years. Ever since craft beer came to prominence in the late ‘90s, it has been stealing Big Beer’s share of the marketplace. In...more

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

by Ladas & Parry LLP on

On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

Europe: The General Court agrees – it’s genuine!

by Hogan Lovells on

Judgment of 17 January 2018 in Case T-68/16 Deichmann v EUIPO – Munich - The General Court (GC) upheld the Board of Appeal’s (BoA) finding that evidence showing minor differences in a cross device nevertheless clearly...more

Starbucks rocks for first time in Luxembourg

by Hogan Lovells on

Judgment of the General Court, 16 January 2018 in case T-398/16, Starbucks Corp. vs EUIPO* In 2014, Starbucks opposed the below EUTM application seeking protection for “services for providing drinks“, services for which...more

"Cry Havoc and Let Slip the Dogs of War"

by Fish & Richardson on

A recently filed lawsuit in Washington state provides some useful takeaways in the realm of brand protection for educational institutions. Gonzaga University is a small Catholic university in Spokane, Washington, counting...more

Distillations: Good Water, Bad Blood

by Fish & Richardson on

A recent trademark infringement case filed in federal court in Vermont illustrates the importance of thorough trademark searching and risk assessment, even for businesses with relatively local operations. Good Water...more

TTAB Finds BREATHLESS Mark Is Registrable

Boehringer Ingelheim Pharmaceuticals, Inc. sought to register the mark BREATHLESS for “promoting public awareness of idiopathic pulmonary fibrosis [‘IPF’], its symptoms, its prevention and its treatment.” The Examining...more

Comic Convention Giant Victorious in Trademark Suit - “Comic-Con” is Not Generic

by Dorsey & Whitney LLP on

Fan boys and fan girls may soon see changes to the names of their favorite pop culture events given a federal jury’s recent ruling that the term “Comic-Con” is not generic, but instead a valid, federally-registered trademark...more

Refusal To Register Scandalous And Immoral Trademarks Ruled As Unconsitutional By Federal Circuit

by Ladas & Parry LLP on

Following the Supreme Court’s ruling in In re Tam that a refusal to register disparaging trademarks is an unconstitutional violation of freedom of speech reported on June 19, 2017, the Court of Appeals for the Federal Circuit...more

Distillations: Sour Fruit of the B&B Hardware Vine

by Fish & Richardson on

Since the U.S. Supreme Court decided in B&B Hardware, Inc. v. Hargis Indus., Inc. that the decisions of the Trademark Trial & Appeal Board can be preclusive in later civil litigation, practitioners have been on the watch to...more

With A Great Trademark Comes Great Responsibility: San Diego Comic-Con V. Salt Lake Comic Con

by Weintraub Tobin on

Earlier this month, a jury in San Diego federal court was asked to decide if the use of the trademark “COMIC CON” by Daniel Farr, Bryan Brandenburg, and Dan Farr Productions for a comic book convention held in Salt Lake City...more

Intellectual Property Law Series: Common Trademark Pitfalls Even the Pros Make

We’ve all heard of trademarks. But, what exactly do they do? And how do you select your trademarks, protect them, and then properly use them in commerce?...more

Extrinsic Evidence May Not Be Used To Distinguish the Commercial Impressions of Marks In An Ex Parte Likelihood-of-Confusion...

In a non-precedential opinion, the Federal Circuit affirmed that in an ex parte proceeding, when analyzing the likelihood of confusion between a registered and an applied-for mark, evidence extrinsic to the application and...more

Just Like Grandma Used to Infringe: Trademark Battle Sparks Over “Nana”

by Reed Smith on

Granny can’t catch a break. In the food and beverage industry, “NANA”-formative trademarks are plentiful. However, the owner of several such marks has overstepped its bounds, asserts Nana Joe’s LLC in its complaint filed...more

Europe – General Court: EUTM revocation action takes the biscuit

by Hogan Lovells on

(Judgments of 23 October 2017 in Cases T-404/16 and T-418/16 – Galletas Gullón SA (Gullón) v EUIPO) - The General Court has recently overturned two EUIPO Board of Appeal decisions which deemed Gullón’s marks as used to be...more

Threat of TTAB Cancellation Proceeding Insufficient To Establish Case or Controversy

The District of Maryland ruled that the mere threat of a TTAB cancellation proceeding is not sufficient to create a case or controversy to allow the trademark owner to bring a declaratory judgment action for trademark...more

But We Had A Deal: Consent Agreement Cannot Overcome Likelihood Of Confusion Finding

by Orrick - IP Landscape on

Order Affirming Refusal of Registration, In re 8-Brewing LLC, T.T.A.B. (October 30, 2017) - Trademark applicants know the familiar sinking feeling when their clearance search turns up a potentially conflicting mark...more

Gucci: The Other Stripe Mark

Normally when we talk about stripes trademarks, we’re talking about iconic sportswear brand adidas. An avid litigant with respect to use of “three stripe” designs on footwear and clothing, adidas is a regular feature here at...more

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