Trademarks

The USPTO refused to register the proposed mark SUGAR BEACH for "Bathing suits; Beach cover-ups; Beachwear; Body suits; Bras; Dresses; Dresses for swimming; Jogging suits; Shirts; Swimwear; T-shirts; Tank-tops; Tops as clothing; all marketed and sold primarily to retail stores offering clothing and not cosmetics," finding confusion likely with the identical ... Read More

I have again reviewed the TTAB's FOIA pages (now called the "TTAB Reading Room") in an attempt to estimate the percentage of Section 2(e)(1) mere descriptiveness refusals that were affirmed by the Board during the last calendar year (2020). I counted 83 refusals, of which 73 were affirmed and 10 ... Read More

Yours truly, the TTABlogger, has once again reviewed the TTAB's FOIA page (now called the "TTAB Reading Room") in an attempt to estimate the percentage of Section 2(d) likelihood-of-confusion refusals that were affirmed by the Board. I counted 286 decisions, of which 260 were affirmances and 26 were reversals. That's ... Read More

By Travis Marmara Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Technology/Media, and General News (including the Coronavirus): Entertainment Director of Amazon India Drama Cuts Scenes Amid Outcry From Hindu Nationalists Ali Abbas Zafar, the director of Amazon web series ... Read More

The TTAB recently decided the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them, keeping in mind that last year the Board affirmed, by my calculation, about 9 out of 10 of these refusals. Answer(s) will be found in the first ... Read More

By Bennett Liebman New Report: Audiences Want Vaccines and Masks Before They Return, https://www.americantheatre.org/2021/01/21/new-report-audiences-want-vaccines-and-masks-before-they-return/ Actors' Equity warns delay in vaccination efforts will hurt theater industry restart, https://broadwaynews.com/2021/01/21/actors-equity-warns-delay-in-vaccination-efforts-will-hurt-theater-industry-restart/ In two years, a sea change in the number of women running Connecticut theaters, http://bway.ly/nixqd9#https://www.courant.com/ctnow/arts-theater/hc-ctnow-women-running-connecticut-theaters-20210122-6gqzk5zapbdfffv56nrn6eao2i-story.html Gov. Cuomo proposes tax credits for theatrical productions, ... Read More

By Bennett Liebman Japan dismisses 'categorically untrue' stories that Tokyo Olympics are doomed, https://www.theguardian.com/sport/2021/jan/22/tokyo-olympics-covid-putting-real-pressure-on-japan-says-australia-pm-amid-cancellation-rumours Memorandum of Governor Cuomo's Budget Piece on Mobile Sports Wagering Memorandum in Support, https://www.budget.ny.gov/pubs/archive/fy22/ex/artvii/revenue-memo.pdf NEW HAMPSHIRE LOTTERY DEFEATS TRUMP IN CASE THAT BOLSTERS ONLINE GAMBLING, https://www.sportico.com/law/analysis/2021/wire-act-court-ruling-1234620805/ Opinion of 1st Circuit in Wire Act Case, http://media.ca1.uscourts.gov/pdf.opinions/19-1835P-01A.pdf Breaking ... Read More

The Supreme Court recently denied petitions for certiorari in two of the most highly watched intellectual property cases before the Court. Those cases were Jack Daniel’s Properties Inc. v. VIP Products LLC and The Moodsters Company v. Walt Disney Company. Both cases were on petition from the Ninth Circuit and ... Read More

The USPTO refused to register the proposed mark COMPOSTA for compostable containers made of kraft paper or plastic for use in the food service industry, finding the mark to be merely descriptive of the goods under Section 2(e)(1). Examining Attorney Sahar Nasserghodsi relied on the doctrine of foreign equivalents, maintaining ... Read More

In the absence of specific EU provisions, EU national court shall apply in regard to EUTM registrations the applicable national law pursuant to art. 129 EU Reg. 2017/1001 (EUTM Regulation). However, this may lead to different national interpretations and treatment of EUTM registrations and affect the unitary character of the ... Read More

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. Here are three recent decisions in appeals from Section 2(d) refusals. One of the refusals was reversed. ... Read More

Michael Jordan Faces Defeat in ‘Jordan’ Trademark Dispute in China, Cumbum Panneer Thratchai Applied for GI, Kareem Abdul-Jabbar Collaborates with Bruce Lee and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES Aristo Apparel Restrained from Using the Mark “SERO” The Bombay High Court ... Read More

By Barry Werbin Herrick, Feinstein LLP Commercial landlords face the risk of substantial economic damages if they turn a blind eye to ongoing sales of counterfeit merchandise on their leased premises. This was emphasized in a January 6, 2021 opinion by the federal Court of Appeals for the Second Circuit ... Read More

American Airlines applied to register the mark RENOAIR for "air transport of passengers, cargo and freight" under Section 2(f) of the Lanham Act, claiming that acquired distinctiveness transferred to this mark from AA's registration of the same mark for "toys, namely model airplanes." In view of the Section 2(f) claim, ... Read More

The applied-for mark NORTH 61 was properly refused because it produced a similar commercial impression to the mark 66° NORTH when both were used for apparel and retail services. The proposed mark NORTH 61 was confusingly similar to the registered mark 66° NORTH, the Federal Circuit has held, affirming a ... Read More

The Board sustained oppositions to registration of ENHANCED PUSH-TO-TALK for telecommunication services on the ground of mere descriptiveness under Section 2(e)(1), and to AT&T ENHANCED PUSH-TO-TALK for the same services, in the absence of a disclaimer of “ENHANCED PUSH-TO-TALK. (Applicant AT&T had already disclaimed PUSH-TO-TALK in both applications.) Because ENHANCED ... Read More

By La-Vaughnda A. Taylor Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media/Technology, General News, and COVID: Entertainment Moodsters v. Disney The Supreme Court has refused to revive a copyright case filed against Walt Disney over Pixar's animated hit "Inside ... Read More

By Bennett Liebman Two Democrat Senators Spar With NCAA Over NIL, College Athletes' Rights, https://www.si.com/college/2021/01/14/ncaa-athlete-rights-compensation-congress-nil The NCAA Can't Make Up Its Mind On Athlete NIL Rights; Here's Some Help, https://www.forbes.com/sites/andrewzimbalist/2021/01/16/the-ncaa-cant-make-up-its-mind-heres-some-help/?sh=5814827bb4eb Mark Emmert opposes idea to separate FBS football from NCAA: 'Couldn't disagree more', https://www.espn.com/college-sports/story/_/id/30699394/mark-emmert-opposes-idea-separate-fbs-football-ncaa-disagree-more Dwayne Haskins Early Career and Release, ... Read More

Weintraub attorneys Josh Escovedo and Scott Hervey are speakers for the IP Year in Review Webinar co-hosted by The Sacramento County Bar Association (SCBA) Intellectual Property Law Section and the Intellectual Property Student Association of McGeorge School of Law. Josh will be addressing the 2020 developments in trademark law, and Scott will be ... Read More

By Bennett Liebman Cuomo Transcript on State of the State Arts, Video, Audio, Photos & Rush Transcript: Governor Cuomo Outlines 2021 Agenda, https://www.governor.ny.gov/news/video-audio-photos-rush-transcript-governor-cuomo-outlines-2021-agenda-reimagine-rebuild-rene-0 Schenectady Theater CEO on State of Performing Arts, https://spectrumlocalnews.com/nys/buffalo/ny-state-of-politics/2021/01/13/-they-have-nothing---proctor-s-theater-ceo-on-state-of-the-performing-arts-industry Musicians groups pan Cuomo's arts program, https://www.nydailynews.com/news/politics/new-york-elections-government/ny-cuomo-state-of-the-state-artists-freelancers-20210113-yzdejn2bajao7ppwvr7s5qpfdy-story.html New York to launch 'arts revival' performances, https://www.washingtonpost.com/entertainment/theater_dance/cuomo-new-york-arts-revival/2021/01/12/1ede803a-550b-11eb-a817-e5e7f8a406d6_story.html The show will ... Read More

The U.S. Court of Appeals for the Federal Circuit ("CAFC") upheld the TTAB's decision (here) sustaining an opposition to registration of the mark NORTH 61 (in standard characters) for various clothing items and for retail store services featuring clothing,, finding a likelihood of confusion with the regsitered mark 66°NORTH (in ... Read More

In a 75-page opinion, the Board affirmed a refusal to register the proposed mark SMART KEYBOARD on the Supplemental Register for "Accessory for a handheld mobile digital device, namely, a protective and decorative cover for a tablet computer that functions as a computer stand and incorporates a keyboard" [KEYBOARD disclaimed], ... Read More

The Board affirmed a refusal to register the proposed mark shown below, consisting of a red oval with a white border (acting as a carrier for the words “MELISSA & DOUG") for various toys, arts and crafts, and hobby kits, and for online retail store services, on the ground that ... Read More

This is the second of two posts; the first five selections were posted here yesterday. Additional commentary on each case may be found at the linked TTABlog post. The cases are not necessarily listed in order of importance (whatever that means). Wirecard AG v. Striatum Ventures B.V., 2020 USPQ2d 10086 ... Read More

By Eric Lanter Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media/Technology and General News: Entertainment IRS Says Prince's Estate Worth Twice What Administrators Reported The IRS, in filings with the U.S. Tax Court, has made clear that it disagrees ... Read More

What a year! Despite the tumult, the TTABlogger has once again bravely (?) chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (i.e., 2020). This is the first of two posts; the first five selections are set ... Read More

Topical Highlight Issues in Sci-Hub Case ‘A Matter of Public Importance’ Image from here In this post, Swaraj highlighted some issues that came up during the hearing of the recent litigation, involving Elsevier, Wiley, and ACS suing Sci-Hub and LibGen for copyright ... Read More

Trademark Statistics from January 1st, 2020 to December 31st, 2020 Particulars 2020 Total Number of Trademark Applications Filed 394,839 Total Number of Trademark Applications Examined 451,770 Total Number of Trademark Applications Published 362,196 Total Number of Trademark Applications Registered 238,147 Yearly Trademark Statistics – A Comparison Particulars 1st Jan 2019-31st ... Read More

By Bennett Liebman 'Mean Girls' Won't Return to Broadway, https://www.nytimes.com/2021/01/07/theater/mean-girls-closing.html 'Mean Girls' Broadway Musical Announces Permanent Closure Due To Covid Shutdown, https://deadline.com/2021/01/mean-girls-broadway-tina-fey-closing-musical-covid19-shutdown-1234666902/ York Theatre Flooded After Water Main Break, https://www.theatermania.com/off-broadway/news/york-theatre-flooded-after-water-main-break-at-sai_91792.html 'Spamalot' Movie: Paramount Acquires Musical, https://deadline.com/2021/01/spamalot-paramount-pictures-movie-musical-eric-idle-casey-nicholaw-monty-python-and-the-holy-grail-1234665944/ When Will We Be Back in 2021, 2021 in the arts: Will we be ... Read More

By Bennett Liebman Sports Law In 2021 - Key Issues To Watch In North America, https://www.lawinsport.com/topics/item/sports-law-in-2021-key-issues-to-watch-in-north-america-2 Sports Law In 2021 - Key Issues To Watch In Europe, https://www.lawinsport.com/topics/item/sports-law-in-2021-key-issues-to-watch-in-europe New York Yankees: Is the Yankee's clean appearance policy legal?, https://empiresportsmedia.com/new-york-yankees/new-york-yankees-is-the-yankees-clean-appearance-policy-legal/ GOVERNOR CUOMO TO PUSH MOBILE NY SPORTS BETTING VIA STATE LOTTERY, ... Read More