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Trademarks

  • 2d Circuit: Palin v. NY Times – Could we use a dispositive motion between Rule 12b6 and Rule 56?
    This defamation suit involves a gun-control editorial published by the NY Times, which argued that a “link to political incitement was clear” between an ad circulated by Sarah Palin’s PAC depicting a map of congressional districts with a crosshair over certain ‘targeted’ districts, and the shooting of Congresswoman Gabby Giffords’, ... Read More
    Source: The Trademark BlogPublished on 2019-10-17By Marty Schwimmer
  • Divided TTAB Panel Reverses Section 2(d) Refusal of MINIBAR SMARTSNAX for Minibar Snack Food
    A divided Board panel reversed a Section 2(d) refusal of MINIBAR SMARTSNAX for packaged snack food "for distribution through refrigerators and food storage cabinets having sensors to detect presence and removal of packages." The panel majority found no likelihood of confusion with the marks SMART SNACKS for candy and THE ... Read More
    Source: The TTABlogPublished on 2019-10-17By Unknown
  • 98% Increase in Trademark Examinations this Week, 19 Trademark Registration Certificates Granted this Week and more
    98% Increase in Trademark Examinations this Week, 19 Trademark Registration Certificates Granted this Week and more. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office had a productive week. The total number of ... Read More
    Source: BIP CounselsPublished on 2019-10-16By BananaIP Trademark Attorneys
  • WYHA? TTAB Affirms Mere Descriptiveness Refusal of CONSERVATIVE INSTITUTE for On-Line Information Services
    In an opinion of just over seven pages, the Board affirmed a Section 2(e)(1) refusal to register CONSERVATIVE INSTITUTE for providing on-line information if the fields of politics class 35), entertainment (class 41), and religion (class 45). Applicant feebly pointed to two existing registrations for marks containing the word CONSERVATIVE, ... Read More
    Source: The TTABlogPublished on 2019-10-16By Unknown
  • Cartoon Network Becomes Eco-friendly, Facebook’s Current Shock over Cryptocurrency, and more
    No OYO for Infringer, Cartoon Network Becomes Eco-friendly, Facebook’s Current Shock over Cryptocurrency and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer’s decision ... Read More
    Source: BIP CounselsPublished on 2019-10-16By BananaIP Trademark Attorneys
  • TTAB Affirms Failure-to-Function Refusal of Informational Phrase for Bumper Stickers
    Finding that the purported word+design mark shown below is "merely an ornamental or informational feature" of Applicant Steven Schalk's "bumper stickers," the Board affirmed a failure-to-function refusal under Sections 1, 2, and 45 of the Trademark Act. In re Schalk, Serial No. 86183499 (October 10, 2019) [not precedential] (Opinion by ... Read More
    Source: The TTABlogPublished on 2019-10-15By Unknown
  • Trademark case: Cervejaria Petropolis SA v. Ambev S.A., USA
    Jeffrey H. BrochinSingle display of trademark on race car and jumpsuit did not establish intent to use the mark for the registered product. In a non-precedential decision, the U.S. Court of Appeals for the Federal Circuit has affirmed a decision of the Trademark Trial and Appeal Board (TTAB) that the ... Read More
    Source: Kluwer Trademark BlogPublished on 2019-10-15
  • Week In Review
    By Eric Lanter Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News Entertainment Tina Tchen, Ex-Obama Aide, Will Take Over Time's Up The advocacy organization Time's Up announced this week that Tina Tchen, former chief of ... Read More
    Source: NYSBAPublished on 2019-10-13
  • Counterculturalist Banksy to Defend His Intellectual Property in a European Cancellation Proceeding
    If you’re familiar with Banksy, you know he’s the epitome of counterculturalism. For those of you who aren’t familiar with Banksy, he is an anonymous England-based street artist, vandal, political activist, and film director who has been active since the 1990s. His satirical street art and subversive epigrams combine graffiti ... Read More
    Source: The IP Law BlogPublished on 2019-10-11By Josh H. Escovedo
  • TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?
    A TTAB judge once told me that in 95% of Section 2(d) cases, one can predict the outcome just from looking at the marks and the involved goods/services. Here are three recent decision in Section 2(d) appeals. How do you think these came out? [Answer in first comment].In re Brite ... Read More
    Source: The TTABlogPublished on 2019-10-11By Unknown
  • TTAB Finds THE VITAMIN SHOPPE Generic for . . . . Guess What?
    Despite applicant's 40 years of use of the phrase "THE VITAMIN SHOPPE," the Board affirmed four refusals to register the mark THE VITAMIN SHOPPE & V Design (in four variations) for vitamins and related retail store services, due to applicant's failure to comply with a requirement for disclaimer of that ... Read More
    Source: The TTABlogPublished on 2019-10-10By Unknown
  • TTABlog Test: Is “RAINFOREST NUTRITION” Confusable With “RAINFOREST ANIMALZ” for Nutritional Supplements?
    The USPTO refused to register the mark RAINFOREST NUTRITION for dietary and nutritional supplements [NUTRITION disclaimed], finding a likelihood of confusion with the registered mark RAINFOREST ANIMALZ for "nutritional supplements." The goods overlap and presumably travel in the same trade channels to the same classes of consumers. But what about ... Read More
    Source: The TTABlogPublished on 2019-10-09By Unknown
  • Thomas Cook Resurfaces with a Franchise Outlet, Facebook’s Domain Dispute Win, GrabOn Wins over GrabOnRent, and More
    GrabOn Wins over GrabOnRent, Powerpuff Girls in New Avatar, Facebook’s Domain Dispute Win and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “A great brand starts with a hero product” – Andy Dunn INDIAN TRADEMARK UPDATES GrabOn Shuts Up GrabOnRent GrabOn, ... Read More
    Source: BIP CounselsPublished on 2019-10-09By BananaIP Trademark Attorneys
  • Trademark Office Has Had a Slow Work Pace this Week
    These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has had a decrease in its work pace. The total number of hearing notices issued has decreased by sixty percent (60%). Similarly, the total ... Read More
    Source: BIP CounselsPublished on 2019-10-09By BananaIP Trademark Attorneys
  • TTABlog Test: Is INTEGRATED PERFORMANCE CARE SYSTEMS Confusable With This Word+Design Mark for Chiropractic Services?
    The USPTO refused to register the mark INTEGRATED PERFORMANCE CARE SYSTEMS for, inter alia, chiropractic services [CARE SYSTEMS disclaimed], finding a likelihood of confusion with the registered word+design mark shown below, for chiropractic services. Applicant Donald Dudley appealed. Did Dudley do right? In re Donald Dudley, Serial No. 87655327 (October ... Read More
    Source: The TTABlogPublished on 2019-10-08By Unknown
  • Holes in the “central attack” – resilience is a necessity
    Louise Thorning AhleAn efficient, reliable and cost-effective route for protecting trademarks globally through the Madrid Agreement or the Madrid Protocol will be beneficial for IP-right holders. For a period of five years from the date of the international registration, the protection resulting from the international registration remains dependent on the ... Read More
    Source: Kluwer Trademark BlogPublished on 2019-10-08
  • Week In Review
    By Angela Peco Edited by Elissa D. Hecker Below for your convenience are topics from Entertainment, Arts, Sports, Media, and General News Entertainment Copyright Suit Against Jerry Seinfeld is Dismissed U.S. District Court Judge Alison Nathan ruled that the lawsuit against Jerry Seinfeld was barred under the 3-year statute of ... Read More
    Source: NYSBAPublished on 2019-10-07
  • Precedential No. 30: TTAB Denies Abandonment Counterclaim for Failure to Prove No Intent to Resume Use
    Denying Respondent Tru Development's abandonment counterclaim, the Board granted Petitioner Double Coin's petition for cancellation of a registration for the mark ROAD WARRIOR for tires, finding a likelihood of confusion with the registered mark WARRIOR, in the stylized form shown below, for automobile tires. Tru was unable to prove nonuse ... Read More
    Source: The TTABlogPublished on 2019-10-07By Unknown
  • You Don’t Need Permission to Sample Music?! Hip-hop, Copyright, and Transformative Use
    By Naomi Owolabi Transformative art (often defensed under fair use), is the newest court-created exception to the use of copyrighted works. Transformation allows someone to use someone else's work without authorization. The concept is based on the idea that if the 'purpose and character' is transformed by the use, then ... Read More
    Source: NYSBAPublished on 2019-10-06
  • Precedential No. 29: TTAB Dismisses Opposition to Section 1(b) Application, Ownership Is Not an Issue
    PAVE: Promoting Awareness, Victim Empowerment filed a Section 1(b) application to register the mark SafeBAE for “Providing emotional counseling and emotional support services for victims of sexual violence." Shael Norris opposed, claiming that she is the owner of the mark and therefore that the opposed application was void ab initio. ... Read More
    Source: The TTABlogPublished on 2019-10-04By Unknown
  • Entertainment, Arts and Sports Law Section Fall Meeting
    Thursday, October 17, 2019 2:00 - 5:00 p.m. - Program (3.5 hours of CLE credit, professional practice) 5:00 - 6:00 p.m. - Networking Reception co-sponsored by and to take place at UBS, 200 Park Avenue (Met Life Building at Grand Central), 18th floor To Register: http://www.nysba.org/store/events/registration.aspx?event=EASLFA19 ENTERTAINMENT FINANCE Money In, ... Read More
    Source: NYSBAPublished on 2019-10-04
  • TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?
    September 30th was the last day of the USPTO fiscal year. Here are three of the five TTAB decisions issued on that day in Section 2(d) appeals. I'm not giving any hints, so you're on your own. How do you think these appeals came out? [Answer in first comment].In re ... Read More
    Source: The TTABlogPublished on 2019-10-03By Unknown
  • Apple in Trouble over Memoji, Srivilliputtur Palkova Gets GI Tag, MTR Badam Drink’s Hot Win Against Counterfeiters, and more
    MTR Badam Drink’s Hot Win Against Counterfeiters, Srivilliputtur Palkova Gets GI Tag, Apple in Trouble over Memoji and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES MTR Badam Drink’s Hot Win Against Counterfeiters MTR Foods, a well-known FMCG in India since 1924, is ... Read More
    Source: BIP CounselsPublished on 2019-10-02By BananaIP Trademark Attorneys
  • Trademark Registrations Granted Go Down by 27 Percent this Week
    These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a decrease in its work pace. The total number of hearing notices issued has decreased by thirty seven percent (37%). Similarly, the ... Read More
    Source: BIP CounselsPublished on 2019-10-02By BananaIP Trademark Attorneys
  • Precedential No. 28: TTAB Affirms Genericness Refusal of Packaging Design for Socks
    The TTAB affirmed a refusal to register the packaging design shown below, for "socks," finding the design to be generic for the goods because consumers would primarily regard the design as a common type of packaging rather than as a source indicator. The Board also considered and rejected Applicant Odd ... Read More
    Source: The TTABlogPublished on 2019-10-02By Unknown
  • Week In Review
    By Lisa Ornest Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News Entertainment Is There a Bustle in Your Hedgerow? This case was filed in 2014, but an en banc retrial was set to go before the ... Read More
    Source: NYSBAPublished on 2019-10-01
  • TTAB Dismisses “OCALA HORSE PROPERTIES” Cancellation Petition Due to Lack of Standing
    Standing is a hurdle that TTAB plaintiffs almost always clear. Not this time. The Board dismissed this petition for cancellation of a registration for the mark OCALA HORSE PROPERTIES for “Real estate agencies; Real estate brokerage" because the named petitioner failed to establish "that it is a juristic association under ... Read More
    Source: The TTABlogPublished on 2019-10-01By Unknown
  • TTAB Posts October 2019 Hearing Schedule
    The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of October 2019. Four of the hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. The first hearing listed below will be held at Northwestern Pritzker School of ... Read More
    Source: The TTABlogPublished on 2019-09-30By Unknown
  • Czech Supreme Court in Fiskars: defence of abuse of dominant position by trademark owner in parallel imports litigation not to be axed at once
    Michal HavlikThe Czech Supreme Court issued a judgment in the case of Fiskars Corporation against Mountfield a.s. (23 Cdo 5955/2017-231 dated 29 May 2019). Fiskars sued Mountfield, a home improvement and gardening retailer, among others, for trademark infringement consisting in illegal parallel imports from North America to the EU of ... Read More
    Source: Kluwer Trademark BlogPublished on 2019-09-30
  • 11th Circuit: Defendant Did Some, But It Didn’t Do All Things It Could Have Done To Comply With Injunction
    Plaintiff uses the GORILLA PLAYSETS mark for outdoor play-sets. Defendant sold GORILLA GYM indoor exercise equipment, such as a pull-up bar, however it included accessories for children (such as ‘trapezes’). Plaintiff sues and defendant was enjoined from selling infringing play-sets. The injunction did not set out time-frames for compliance. Defendant, ... Read More
    Source: The Trademark BlogPublished on 2019-09-27By Marty Schwimmer