Trademarks

Today, Intellepedia successfully conducted  its yearly seminar on “Building an Intellectual Property Framework for your Organization”. In line with the tradition, the seminar brought together leading IP experts and senior management of companies to discuss business aspects of intellectual property, and ways to build, manage and commercialise IP assets. This ... Read More

Applicant Haden sought a registration  on the Supplemental Register for the mark shown below, for "Medical and health care services, namely, medical treatment of allergies, asthma, immune disorders, and shortness of breath." The Board agreed with Examining Attorney Andrew Rhim that the term ALLERGY CARE is generic for the recited ... Read More

Harry’s Magic Through Pandora, Eris Acquires Novartis’s Trademark, China’s New Trademark Law, OYO Forays into Thailand, Qatar Tourism Council Dragged for Domain Dispute and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES HUL’s Active Wheel Trademark Win Hindustan Unilever Limited (HUL), the FMCG ... Read More

The USPTO refused to register the mark shown below, for "vodka," based on the applicant's failure to comply with a drawing requirement and its failure to amend the color claim in the application. The Office also refused registration under Section 2(d). Applicant argued against the Section 2(d) refusal but did ... Read More

By Bennett Liebman 2019 was a remarkable year for sports wagering in New York State - not so much for what was actually accomplished - but for the amount of lobbying work done on behalf of sports wagering interests. Rarely, if ever have more organizations been involved in lobbying the ... Read More

By Chantelle A. Gyamfi Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News: ENTERTAINMENT How Taylor Swift Dragged Private Equity into Her Fight Over Music Rights In an open letter posted to social media, the pop megastar ... Read More

30 Percent Decrease in TM Registrations this Week, 1008 More Renewal Notices Issued 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 an overall decrease in its working ... Read More

The Board dismissed this opposition to registration of the mark BLUE INDUSTRY for various clothing items, finding no likelihood of confusion with, and no likelihood of dilution of, various INDUSTRY-formative marks owned by Opposer Pure & Simple for clothing and related retail store services. As to the Section 2(d) claim, ... Read More

On December 10, 2019 from 12:30 PM to 2:00 PM (Eastern Standard Time), the American Intellectual Property Law Association (AIPLA) will host a webinar entitled "Constitutionality of Protecting Product Designs Both as Design Patents and as Trade Dress." Kenneth Germain of Wood Herron & Evans LLP and Richard Stockton of ... Read More

The Board denied a motion to compel Applicant Princess Race Wear to produce the "metadata" for five photographs that applicant provided during discovery, because Opposer Chix Gear did not ask for metadata in its discovery requests. Chix Gear, LLC v. Princess Race Wear Corp., 2019 USPQ2d 455321 (TTAB 2019) [precedential] ... Read More

The administration of the World Wide Web’s ‘.org’ domain registry has been handed over from a non-profit organisation to a private equity organisation, sparking concerns and backlash about the privatization of internet commons and possibly increased censorship owing to the change in the non-profit status of the domain name registrar. ... Read More

Marina PerrakiWe had reported on the introduction in Greece of mandatory mediation in trademark infringement disputes in this blog here and here. Law no 4640/2019 “Mediation on civil and commercial disputes – Further harmonization of Greek legislation with Directive 2008/52/EC of the European parliament and of the council of 21 ... Read More

In yet another in a stream of failure-to-function decisions, the Board affirmed a refusal to register the word+design mark shown immediately below, for "crabmeat," on the ground that the phrase fails to function as a trademark under Sections 1, 2, and 45 of the Lanham Act. However, the Board reversed ... Read More

On October 16, 2019 the Advocate General (AG) of the European Court of Justice rendered an opinion in Sky Plc & Ors v. Sky Kick UK Ltd. & Anr. (“the Sky case”) in a reference by Justice Arnold of the England and Wales High Court (Chancery Division). The AG’s opinion caught my ... Read More

35% Increase in the Total Registrations Granted this Week, 837 More Hearing Notices Issued 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 an overall increase in its ... Read More

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of December 2019. Except for the sixth on the list, the hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. The In re Bayco Products, Inc. hearing will be ... Read More

Rubik’s Cube Owners Puzzled After Losing EU Trademark, Snapdeal Joins INTA, Scottish Whisky Wins GI Battle, Trademark Refused to Vegan Deli, Then Granted to Nestlé, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES Snapdeal Joins International Trademark Association Indian e-commerce marketplace Snapdeal ... Read More

The USPTO refused registration of the mark HICCUP for various entertainment services, on the ground that the drawing (the work HICCUP in standard character form) was not a "substantially exact representation of the mark as used” in commerce, in violation of Trademark Rule 2.51(a). Applicant argued that the word HICCUP ... Read More

By La-Vaughnda Taylor Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News: Entertainment Amid Tech Advances, U.S. Moves to End Rules on Movie Distribution The U.S. Justice Department has moved to end the longstanding consent decrees, known ... Read More

John B. Farmer is a trademark expert who founded the Leading-Edge Law Group, PLC in Richmond Virginia. He is a past Chairman of the Trademark Public Advisory Committee of the USPTO (TPAC). Since 1998, John has written a monthly column called "Leading-Edge Law" for the Richmond Times-Dispatch on breaking legal ... Read More

Nicole D. PrysbyBecause the contract did not give a popcorn manufacturer a perpetual license to sell popcorn under the Mrs. Fields trademark, the manufacturer should not have been granted a preliminary injunction ordering Mrs. Fields to comply with the contract terms. A popcorn manufacturer did not establish a strong likelihood ... Read More

Here are three decisions issued by the TTAB two days ago, the first a Section 2(e)(1) mere descriptiveness refusal, the second a Section 2(d) likelihood of confusion refusal, and the third a genericness refusal.How do you think they came out? Answers in first comment.In re One Plus Two Inc., Serial ... Read More

If you’re plugged into the digital world and its constantly emerging meme trends, you’ve probably encountered various “OK, Boomer” memes by now. If you’re unfamiliar with the trend, here is a brief synopsis. OK, Boomer is a phrase that is used in response to members of the baby-boomer generation who ... Read More

The Board sustained an opposition to registration of BLACKLAND DISTILLERY for "distilled spirits" [DISTILLERY disclaimed], finding a likelihood of confusion with the registered mark BLACKLANDS MALT for "malt for brewing and distilling" [MALT disclaimed]. The parties stipulated many facts and proceeded under the Board's ACR regime. The key issue under ... Read More

40% Increase Recorded in Disposal through Trademark Hearings this Week, 8% Decrease in Registrations 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 an overall increase in ... Read More

In a bit of snoozer, the Board affirmed a Section 2(d) refusal of COUNTRY OVEN for "Self-serve retail bakery shops; Retail bakery shops; bakery services, namely, online retail bakery shops" and "Bakery services, namely, the manufacture of bakery products to the order and/or specification of others" in view of the ... Read More

  Fox Files Trademark for Viral Internet Phrase “OK Boomer”, Can Artists Use Trademarks in Their Works?, Darjeeling Green and White Teas Registered as GI, Qatar Tourism Council Wins Cybersquatting Case against Travel Booking Site, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK ... Read More

In two recent section 2(d) oppositions, the fame of the opposer's marked played a dominant role in the Board's Section 2(d) analysis. "Famous marks are accorded more protection precisely because they are more likely to be remembered and associated in the public mind that a weaker mark." Recot Inc. v. ... Read More

By Barry Werbin On Friday, November 15th, the Supreme Court agreed to hear the long-running Oracle v. Google case, which addresses whether software application program interfaces (APIs) are subject to copyright protection and if Google was otherwise entitled to a fair use defense for copying portions of Oracle's JAVA declaring ... Read More

By Michael A. Scott, Esq. The National Football League Players' Association (NFLPA), Major League Baseball Players Association (MLBPA) and RedBird Capital Partners (RedBird) have teamed up on a unique venture, titled OneTeam Partners LLC (OneTeam), to help boost image and likeness revenues for athletes through private equity. The NFLPA and ... Read More