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Trademarks

  • SpicyIP Fellowship 2019-20: FUCT the USPTO? – Revisiting the Free Speech, Morality and Trademark Law Debate (Part I)
    Image from here We’re pleased to bring to you a guest post by our fellowship applicant, Akanshha Agrawal. Akanshha is a 3rd year student at National Law University, Delhi. This is her first submission for the Fellowship. In the first part of this two-part post, ... Read More
    Source: Spicy IPPublished on 2019-09-27By Pankhuri Agarwal
  • TTAB Says Series of PREDICTIVE ENTREPRENEUR Educational Lectures Is Not a Single Work
    Returning once again to failure-to-function land, the TTAB reversed a refusal to register the mark PREDICTIVE ENTREPRENEUR for educational services including seminars in the field of business and entrepreneurship. The Board rejected the USPTO's position that the course offered by Applicant Meredith Madsen would be perceived as a single work ... Read More
    Source: The TTABlogPublished on 2019-09-27By Unknown
  • On Remand, TTAB Finds CORN THINS and RICE THINS Generic for a Sub-Category of Crackers
    In October 2018, the CAFC issued a spit decision in an appeal from the TTAB's February 21, 2017 ruling [TTABlogged here] sustaining oppositions to registration of CORN THINS for "crispbread slices predominantly of corn, namely popped corn cakes," and RICE THINS for "crispbread slices primarily made of rice, namely rice ... Read More
    Source: The TTABlogPublished on 2019-09-26By Unknown
  • Times Group Doesn’t Share Miss India and Mr. India Title, Rock Clashes with Rackets, Franchise India Expo 2019 and More
    Times Group Doesn’t Share Miss India and Mr. India Title, Franchise India Expo 2019, Rock Clashes with Rackets, Little Singham Swings into Merchandizing, Vikipedia No Match for Wikipedia and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “Branding is not just ... Read More
    Source: BIP CounselsPublished on 2019-09-25By BananaIP Trademark Attorneys
  • TTABlog Test: Is “Pili” Deceptive for Cosmetics Not Containing Pili Oil?
    [This is a guest post written by Susmita A. Gadre, a litigation associate at Wolf, Greenfield & Sacks, PC]. The USPTO refused to register the mark PILI in the stylized form shown below, deeming the mark to be deceptive under Section 2(a) for a variety of cosmetic and skincare products. ... Read More
    Source: The TTABlogPublished on 2019-09-25By Unknown
  • Trademark Registrations Granted Increase by 50% 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 an increase in its work pace. The total number of hearing notices issued has increased by seventy four percent (74%). Similarly, the ... Read More
    Source: BIP CounselsPublished on 2019-09-25By BananaIP Trademark Attorneys
  • Week In Review
    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 Shane Gillis Dropped From 'S.N.L.' Cast Amid Criticism of Racist Slurs Newly hired comedian Shane Gillis, along with 2 other new castmates, was ... Read More
    Source: NYSBAPublished on 2019-09-25
  • Griff Thomas Reports On “DENIM & CO.” Oral Hearing
    R. Griffith Thomas, Editor-in-Chief of Allen’s Trademark Digest, has filed the following report regarding the recent TTAB oral hearing in In re QVC, Inc.During the 7th Annual ABA-IPL Trademark Day on Wednesday, September 18, 2019, the Board conducted a live oral hearing. The event was held at the United States ... Read More
    Source: The TTABlogPublished on 2019-09-25By Unknown
  • Amazon Complaint Details Affiliate Marketing Scheme (and Names Domain Names)
    Alleged bad guys send emails that display Amazon trademarks and offer victims Amazon gift cards or other rewards if they fill out a survey about their Amazon shopping habits. The victims do not receive an Amazon gift card, but they are provided an opportunity to purchase male enhancement pills, or ... Read More
    Source: The Trademark BlogPublished on 2019-09-24By Marty Schwimmer
  • A “new” category of marks: historic
    Erica VaccarelloThe so called “growth decree” (decree-law no. 34/2019, amended by the Italian Parliament as law 58/2019 in June 2019) has introduced a new category of marks in Italy: “historic marks” defined as those marks registered or used continuously for a period of at least 50 years to market products or services “made by an ... Read More
    Source: Kluwer Trademark BlogPublished on 2019-09-24
  • TTAB Affirms Section 2(a) False Connection Refusal of CALIFORNIA BEEMERS for Auto Dealership
    The Board affirmed a Section 2(a) refusal of CALIFORNIA BEEMERS for automobile dealership and repair services, finding that the mark falsely suggests a connection with the German company, Bayerishce Motoren Werke (BMW). The evidence submitted by Examining Attorney Marc J. Leipzig established that BMW is famous in the United States ... Read More
    Source: The TTABlogPublished on 2019-09-24By Unknown
  • 2d Circuit: Copyright Complaint Cannot Be Based On Mere Suspicion
    Plaintiff photographer pled that Scholastic had exceeded its license. Plaintiff didn’t provide particulars as to the infringement, arguing that any information supporting such an allegation was within Scholastic’s control. Second Circuit has ‘some sympathy’ for plaintiff’s position, but will not relax 12(b)(6) standards. Download [229.21 KB] ... Read More
    Source: The Trademark BlogPublished on 2019-09-23By Marty Schwimmer
  • 2d Circuit: Rich v Fox – Parents of Seth Rich Properly Pled Intentional Infliction of Emotional Distress
    Source: The Trademark BlogPublished on 2019-09-23By Marty Schwimmer
  • TTABlog Test: Is This FIsh Hook Design Mark for Clothing Confusable with “VF” for Retail Clothing Services?
    V.F. Corporation opposed an application to register the design mark shown immediately below, for bumper stickers and various clothing items, claiming a likelihood of confusion with its registered mark VF, in standard character form, for retail store services featuring apparel, backpacks, and outdoor gear and equipment. In his application, Applicant ... Read More
    Source: The TTABlogPublished on 2019-09-23By Unknown
  • The Trade Marks Registry Proposing to Restrict Access to Documents
    The Trade Marks Registry (TMR) issued a public notice requesting suggestions from stakeholders regarding the display and availability of documents on its official website (comments are to be submitted by September 30, 2019). It appears that the TMR has received representations from stakeholders raising concerns regarding the display of confidential ... Read More
    Source: Spicy IPPublished on 2019-09-23By Aparajita Lath
  • 10th Circuit; Summary Judgment as to Dissimilarity Reversed by 10th Circuit
    Plaintiff, top, sells apparel. Defendant sells vapib accessories but apparently also ‘promotional apparel’ (!?!). District court had dismissed on summary judgment, finding the logos are too dissimilar. 10th circuit reverses. A jury could find similarity because AFFLICTION is commercially and conceptually strong. The Fleur de Lises (fleur de lii?) are ... Read More
    Source: The Trademark BlogPublished on 2019-09-23By Marty Schwimmer
  • Distinctly (not) distinctive
    The Supreme Court of Canada recently denied leave to appeal from the Federal Court of Appeal’s (the “FCA”) decision in Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2019 FCA 10 (CanLII). Caroline Camp writes about the implications of the... Read more ... Read More
    Source: Canadian Trademark BlogPublished on 2019-09-21By Athar K. Malik
  • AIPPI London 2019: Kluwer IP Law Panel on Session Genuine Use of Trademarks
    Klaudia Błach-MorysińskaLondon’s weather was very generous to AIPPI participants this year. It was not so hard to get up early and attend the breakfast panel on Genuine Use of trademarks organized by Wolters Kluwer as part of the 2019 AIPPI World Congress in London. The panel was moderated by Eléonore ... Read More
    Source: Kluwer Trademark BlogPublished on 2019-09-20
  • TTAB Affirms Two More Failure-to-Function Refusals
    In failure-to-function cases, the key question is how the the alleged mark will be perceived by relevant consumers. To make this determination, the Board looks at the applicant's specimens of use as well as marketplace evidence. The more commonly a phrase is used, the less likely it will serve as ... Read More
    Source: The TTABlogPublished on 2019-09-20By Unknown
  • Trademark Registry Speeds Up Examinations & Disposals This Week
    These statistics have been compiled from the official journal of the Indian trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had tremendous increase in its work pace. The total number of applications disposed through show cause hearings has increased by fifty four ... Read More
    Source: BIP CounselsPublished on 2019-09-20By BananaIP Trademark Attorneys
  • TTABlog Test: Is This Word+Design Mark for Whiskey Confusable with “OUTLAW” for Alcoholic Beverages?
    The USPTO refused to register the word+design mark shown below, for "whiskey," finding it to be confusingly similar to the registered mark OUTLAW for "alcoholic beverages." The goods overlap, but what about the marks? Applicant Mystic Mountain argued that the design portion of its mark dominates, that the term "outlaw" ... Read More
    Source: The TTABlogPublished on 2019-09-19By Unknown
  • Protecting [redacted]’s Good Name
    Interesting. Domain name was falsely registered in the name of an officer of the company targeted by the registration. That false name of respondent in UDRP was redacted to avoid suggesting decision was against that officer.#domainshttps://t.co/1Q1JZSvioi— The Trademark Blog (@TrademarkBlog) September 18, 2019 ... Read More
    Source: The Trademark BlogPublished on 2019-09-18By Marty Schwimmer
  • KARDASHIAN TRADEMARK DISPUTE HEADED TO THE US SUPREME COURT?
    The Kardashians are involved in a trademark dispute that may be decided by the US Supreme Court.  Kroma Makeup EU, LLC (“Kroma EU”) sued the Kardashians in 2014 over the Kardashians beauty products line, “Khroma Beauty”.  Kroma EU was granted a license in October 2012 to import, sell and distribute ... Read More
    Source: LegalteamusaPublished on 2019-09-18By Mark Warzecha
  • TTAB Affirms Refusal of THERAFIT Because it Identifies a Component, Not Applicant’s Bed Sheets
    The Board affirmed a refusal to register the mark THERAFIT for "bed sheets," agreeing with Examining Attorney David I that applicant's specimen failed to show the mark in use in connection with the goods. Instead, the Board found that "[t]he mark will be perceived as identifying the elastic component of ... Read More
    Source: The TTABlogPublished on 2019-09-18By Unknown
  • Miss India in a Domain Dispute, Starbucks Fights Mountains & Mermaids, Irish Whiskey Gets GI Status in India and More
    Superdry Collaborates with IMG, ChemDry Franchise in India, Miss India Domain Dispute and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “Brand is just a perception, and perception will match reality over time” – Elon Musk INDIAN TRADEMARK UPDATES Apollo Hospitals’ ... Read More
    Source: BIP CounselsPublished on 2019-09-18By BananaIP Trademark Attorneys
  • Mini-Mall Landlord Knew Or Should Have Known That $15 and $20 Ray-Bans Were Counterfeit
    Luxottica sues landlord of indoor flea market for contributory infringement, after landlord fails to stop on-going sale of counterfeit Ray-Bans and Oakleys. $1.9 million judgment upheld by 11th Circuit. Held: (1) A defendant is liable for contributory TM infringement if defendant (1) intentionally induced the direct infringer; or (2) supplied ... Read More
    Source: The Trademark BlogPublished on 2019-09-17By Marty Schwimmer
  • Trademark case: C5 Medical Werks LLC v. CeramTec GmbH, USA
    Thomas LongThe German manufacturer’s participation in tradeshows in Colorado was “by chance” and did not indicate “purposeful availment” of the forum state, and its efforts to enforce its asserted trade dress occurred outside Colorado. A German company that manufactured ceramic components of medical prostheses was not subject to personal jurisdiction ... Read More
    Source: Kluwer Trademark BlogPublished on 2019-09-17
  • Precedential No. 27: TTAB Excludes Evidence Due to Spoliation, But Declines to Enter Judgment as a Sanction
    In yet another ruling regarding the spoliation of evidence, the Board refused to consider certain of Petitioner Busy Beauty's Instagram photographs and data, finding that it had failed to preserve the corresponding electronically stored information (ESI). Although Petitioner  was "at least careless" in its data preservation, there was no proof ... Read More
    Source: The TTABlogPublished on 2019-09-17By Unknown
  • 100 domain names with the prefix RockN?
    Complaint denied and reverse domain name hijacking in UDRP re RockNCrystals.com https://bit.ly/2kCwB3v ... Read More
    Source: The Trademark BlogPublished on 2019-09-16By Marty Schwimmer
  • Week In Review
    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 The Obamas Want What She Won't Let Go The Obama's new production company, Higher Ground Productions, wants to trademark "Higher Ground", but computer training ... Read More
    Source: NYSBAPublished on 2019-09-16