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Trademarks

  • Precedential No. 12: Finding Clothing and Books Related, TTAB Sustains 2(d) Opposition to ENGIRLNEER
    In an enervating but precedential ruling, the Board sustained a Section 2(d) opposition to registration of the mark ENGIRLNEER for "Cups; coffee cups, tea cups and mug; Lanyards for holding badges; Lanyards for holding keys; Hoodies; Shirts; Sweatshirts," finding a likelihood of confusion with the identical, common law mark for ... Read More
    Source: The TTABlogPublished on 2020-03-16By Unknown
  • It wasn’t me: Liability of Contract Manufacturers for IP Infringement
    In Shaggy’s 2000 hit, the main character is caught cheating on his girlfriend and defends himself by simply denying the facts and repeating the phrase: “It wasn’t me!”. Contract manufacturers caught infringing intellectual property rights do not generally deny having manufactured the given infringing goods. However, they often claim that ... Read More
    Source: Kluwer Trademark BlogPublished on 2020-03-15By Aron Laszlo (Oppenheim Legal)
  • New Trade Mark Law in Greece
    Last year we commented here on the Greek draft trade mark law aimed at implementing the Directive 2015/2436 (the Directive). This law was recently submitted and accepted by the Greek Parliament (the Law), almost one year after its public consultation, adding Greece to the EU countries that are now fully ... Read More
    Source: Kluwer Trademark BlogPublished on 2020-03-14By Marina Perraki (Tsibanoulis & Partners Law Firm)
  • Amending New York State’s Constitutional Provision on Gambling
    By Bennett Liebman Government Lawyer in Residence Government Law Center Albany Law School New York State's constitutional provision on gambling has often been an object of both confusion and consternation. The gambling provision is located within Article 1, § 9 of the Constitution, which also provides for the right of ... Read More
    Source: NYSBAPublished on 2020-03-14
  • SHOP SAFE Act of 2020: A Crackdown on Counterfeits and Accountability for e-Commerce Companies
    By Christine-Marie Lauture Imagine purchasing a thoroughly-bidded collector's item on eBay, only to receive a forged replica. Or buying an advertised version of an item by a seller hosted on Shopify, only to discover that it is an infringing counterfeit of an original. As it currently stands, e-commerce companies are ... Read More
    Source: NYSBAPublished on 2020-03-14
  • Precedential No. 11: TTAB Affirms Refusal Based on Applicant’s Failure to Pay Sufficient Fees
    The TTAB affirmed two refusals to register the mark SEVEN DEVILS for "Wine related accessories, namely, foil cutters for wine bottles in Class 8; wine openers; wine aerators; pouring spouts for wine for household use; coolers for wine; beverage glassware, all in Class 21; clothing, namely, tshirts, hats, and visors ... Read More
    Source: The TTABlogPublished on 2020-03-13By Unknown
  • Trademark case: Curry v. Revolution Laboratories LLC, USA
    Interactive website’s option allowing customers to select Illinois as “ship-to” destination for defendant’s supplement products was among factors cited in reversal of district court’s dismissal of trademark infringement claims. The U.S. Court of Appeals in Chicago has reversed the dismissal of Lanham Act and state law claims for lack of ... Read More
    Source: Kluwer Trademark BlogPublished on 2020-03-13By Assen Alexiev
  • 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, including coronavirus information: ENTERTAINMENT Lizzo Countersued Over "Truth Hurts" The authorship of the hit song "Truth Hurts" became one of the industry's most closely ... Read More
    Source: NYSBAPublished on 2020-03-12
  • TTAB Rejects Fraud Claim, Finds SHADI.COM Confusable With SHAADI.COM For Marriage Matchmaking Services
    [This guest post was authored by John L. Strand, Shareholder in the Trademark and Litigation Groups at Wolf Greenfield]. Here we have a consolidated proceeding between Shadi.com, part of Ampak Billing Corp., and People Interactive (India) Private Limited. People Interactive was seeking to register the mark SHAADI.COM for various marriage ... Read More
    Source: The TTABlogPublished on 2020-03-12By Unknown
  • AUSTRALIAN BURGER CHAIN BITES OFF MORE THAN IT CAN CHEW: LEARNINGS FOR FOREIGN BRAND OWNERS FROM IN-N-OUT BURGERS, INC V HASHTAG BURGERS PTY LTD & ORS [2020] FCA 193
    By: Melinda UptonJessie Buchan, Valiant Warzecha, and Alexandra Moore  The Federal Court of Australia (FCA) recently handed down its decision in the case that all Australian burger lovers have been eagerly watching – infringement proceedings brought by US burger chain, In-N-Out Inc. (INO), against Sydney based burger chain, Hashtag Burger ... Read More
    Source: RE:MARKSPublished on 2020-03-11By DLA Piper
  • Puma Shoos Away a Trademark Infringer, New “Apple Watch Studio” Trademark for Customizable Watches, and more
    Puma Shoos Away a Trademark Infringer, New “Apple Watch Studio” Trademark for Customizable Watches, Ranbir Kapoor to be the Face of “Single”, PUMA Inks a Licensing Agreement with Athletics South Africa, Wikipedia Aggressive with Bad Faith Domains, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. ... Read More
    Source: BIP CounselsPublished on 2020-03-11By BananaIP Trademark Attorneys
  • TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
    The TTAB recently ruled on the appeals from three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them, keeping in mind that the Board affirms, by my calculation, some 90% of these refusals. Answer(s) will be found in the first comment.In re Ossur hf, Application ... Read More
    Source: The TTABlogPublished on 2020-03-11By Unknown
  • 50% Decrease in the Trademark Applications Examined this Week
    50% Decrease in the Trademark Applications Examined this Week, 6503 Trademark Registration 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 The Indian Trademark Office had an overall decrease in its working capacity as ... Read More
    Source: BIP CounselsPublished on 2020-03-11By BananaIP Trademark Attorneys
  • TTABlog Test: Is CHALLEN Primarily Merely a Surname for Musical Instruments?
    The USPTO refused to register the mark CHALLEN, in the stylized form shown below, for various musical instruments, finding the mark to be primarily merely a surname under Section 2(e)(4). Evidence from LEXISNEXIS revealed 345 people with the surname "Challen," and the 2010 Census counted 133. Twenty-five newspapers articles, mostly ... Read More
    Source: The TTABlogPublished on 2020-03-10By Unknown
  • Another Amazon Original – How Amazon is Making and Breaking Trademarks
    If you browse through Amazon while shopping for something, you’d notice that apart from some unbelievable discounts, most of the brands offering these products are relatively obscure and that you are coming across such a brand name for the first time even though their product with its specs and features ... Read More
    Source: Spicy IPPublished on 2020-03-09By Namratha Murugeshan
  • Divided TTAB Panel Reverses 2(e)(1) Refusal of Double Entendre “LEDGERDOMAIN” for Blockchain Software
    A divided Board panel reversed a Section 2(e)(1) refusal to register the mark LEDGERDOMAIN, in standard character form, finding it to be not merely descriptive of software and services in the field of "blockchains, distributed ledgers and peer-to-peer transaction and payment networks." Applicant argued that the word "domain" is too ... Read More
    Source: The TTABlogPublished on 2020-03-09By Unknown
  • Trademark case: In re JC Hospitality LLC, USA
    Refusal of THE JOINT trademark application was affirmed on the grounds that the mark was merely descriptive of the applicant’s hospitality business services and acquired distinctiveness was not demonstrated. A hospitality services’ applications to register the mark “THE JOINT” for two different classes of services were properly refused because the ... Read More
    Source: Kluwer Trademark BlogPublished on 2020-03-09By Linda O'Brien (CCH)
  • TTABlog Test: Is “MONFRÈRE FASHION” Confusable With “MY BROTHER” for Clothing?
    The USPTO refused to register the mark MONFRÈRE FASHION for "Denim jackets; Denim jeans; Denim pants; Jeans; Men's and women's jackets, coats, trousers, vests; Pants; Shirts; Coats of denim; Denims; Jacket," finding a likelihood of confusion with the registered mark MY BROTHER for t-shirts. The application included a statement that ... Read More
    Source: The TTABlogPublished on 2020-03-06By Unknown
  • Policy Questions Regarding Protection of Scent Marks
    Image from here We’re pleased to bring to you a guest post by Anupriya Dhonchak exploring policy questions regarding protection of smell marks. Anupriya is a 4th year law student at National Law University, Delhi. Policy Questions Regarding Protection of Scent Marks Anupriya Dhonchak One ... Read More
    Source: Spicy IPPublished on 2020-03-06By SpicyIP
  • Precedential No. 10: Section 66(a) Registrant With No Use of Mark Defeats Abandonment Claim
    On October 20, 2015, Striatum Ventures B.V. (a Netherlands company) obtained a registration for the mark ZUPR in the word-plus-design form shown below, for software and various business services, via the Madrid Protocol (Section 66(a) of the Trademark Act). On October 22, 2015, Wirecard AG filed a petition for cancellation ... Read More
    Source: The TTABlogPublished on 2020-03-05By Unknown
  • Indian Trademark Judgments – 2020
    Lacoste S.A vs. Suresh Kumar Sharma (CS (Comm) No.534/19) Decided On: 13.02.2020 Court: Patiala House Court, New Delhi District Lacoste S.A., the French clothing major, had filed an application for a permanent injunction in the Delhi District Court against Suresh Kumar Sharma.  Lacoste contends that Suresh Kumar Sharma was selling ... Read More
    Source: BIP CounselsPublished on 2020-03-05By BananaIP Trademark Attorneys
  • 5446 Trademark Applications Registered this Week
    5446 trademark applications registered this week, 63% increase in total number of 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 The Indian Trademark Office has picked up its pace as can ... Read More
    Source: BIP CounselsPublished on 2020-03-05By BananaIP Trademark Attorneys
  • You can’t have your burger and eat it too: In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd
    Whilst In-N-Out don’t operate any permanent restaurants in Australia – only pop-ups, as we lamented in our previous post – the Federal Court ruled last week that its registered trade marks had been infringed by local chain “Down-N-Out” (DNO) and that In-N-Out had a sufficient reputation in Australia such that ... Read More
    Source: IP WhiteboardPublished on 2020-03-05By Diana Liu
  • TTAB Posts March 2020 Hearing Schedule
    The Trademark Trial and Appeal Board (Tee-Tee-Ā-BEE) has scheduled two oral hearings for the month of March 2020. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. Briefs and other papers for each case may be found at TTABVUE via the links provided.March ... Read More
    Source: The TTABlogPublished on 2020-03-04By Unknown
  • CAFC Affirms TTAB: “THE JOINT” Is Merely Descriptive of Restaurant and Nightclub Services
    In a nonprecedential ruling, the U.S. Court of Appeals for the Federal Circuit upheld the TTAB's decision of April 4, 2018 [TTABlogged here], ruling that substantial evidence supported the Board's finding that the mark THE JOINT (in standard character form) is merely descriptive of "Restaurant, bar and catering services" and ... Read More
    Source: The TTABlogPublished on 2020-03-04By Unknown
  • The Trademark Reporter’s 2020 “Annual Review of U.S. Trademark Cases”
    The Trademark Reporter has published its latest Annual Review of U.S. Trademark Cases: "The Seventy-Second Year of Administration of the Lanham Act of 1946," by Theodore H. Davis, Jr. and yours truly, John L. Welch. (download pdf here). In his Introduction, Ted Davis observes that although the Supreme Court's rulings ... Read More
    Source: The TTABlogPublished on 2020-03-03By Unknown
  • Canada – an Update from the North
    Much has changed since the new Canadian Trademarks Act came into effect on June 17th 2019. Although practitioners were advised well in advance of the legislative and regulatory changes, there were many surprises, some unwelcome. Below are a few noteworthy changes that applicants should be well aware of before filing ... Read More
    Source: Kluwer Trademark BlogPublished on 2020-03-02By Janice Bereskin (Bereskin & Parr LLP)
  • Week In Review
    By Angela Peco Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News: Entertainment Weinstein Convicted of Rape and Sexual Assault A jury convicted Weinstein of two counts - criminal sexual assault in the first degree and ... Read More
    Source: NYSBAPublished on 2020-03-02
  • Precedential No. 9: TTAB Dismisses Faulty Counterclaim and Affirmative Defense Based on the Pan-American Convention
    In this Section 2(d) opposition to registration of the mark RICA SULA for snack chips, Applicant Lacteos de Honduras S.A. counterclaimed for cancellation of Opposer Industria Sula's two pleaded registrations for the mark SULA in standard form and in the design form shown below, for "spreads, namely, vegetable oil and ... Read More
    Source: The TTABlogPublished on 2020-03-02By Unknown
  • TTABlog Test: Are Phonograph Records and Audio Equipment Related Under Section 2(d)?
    Swan Song, Inc. opposed an application to register the mark SWAN SONG AUDIO for "“Consumer electronic products, namely, audio amplifiers, audio speakers, audio receivers, electrical audio and speaker cables and connectors, audio decoders, video decoders, speakers, power conversion devices, power converters, and power inverter" [AUDIO disclaimed], on the ground of ... Read More
    Source: The TTABlogPublished on 2020-02-28By Unknown