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Precedential No. 11: TTAB Affirms Refusal Based on Applicant's Failure to Pay Sufficient Fees

13 Mar 2020, 5:11 am

What the TM? [read post]

The TTABlog - http://thettablog.blogspot.com/

No Trademark for THE JOINT

28 Feb 2020, 8:02 am by Dennis Crouch

by Dennis Crouch In re JC Hospitality LLC (Fed. [read post]

Patently-O - http://patentlyo.com/patent

outdated website uses preserve TM infringement claim; false use of (R) doesn't matter if it doesn't cause harm

19 Sep 2019, 10:25 am by Rebecca Tushnet

Core Health & Fitness, LLC, 2019 WL 4451698, No. 16-cv-01015 (S.D. [read post]

43(B)log - http://tushnet.blogspot.com/

District court makes up a new, worse test for TM claims against noncommercial speech

26 Aug 2019, 9:22 am by Rebecca Tushnet

Nat’l Geographic Partners, LLC, 2019 WL 3935180, No. 18-cv-3127-WJM-SKC (D. [read post]

43(B)log - http://tushnet.blogspot.com/

After Filing Statutory Disclaimer, Constitution Bars Court from Finding Claims Invalid

19 Aug 2019, 11:39 am by Dennis Crouch

., LLC v. [read post]

Patently-O - http://patentlyo.com/patent

Bankrupt(cy) Logic: TERI got paid for providing a private student loan guaranty, ergo TERI "funded" the loan program

15 Aug 2019, 11:24 pm by MOTP

Question Raised: Which Way Did the Money Flow? [read post]

Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com

ownership of building doesn't convey ownership of (once related) tenant's TM

12 Aug 2019, 11:39 am by Rebecca Tushnet

Long Grove Investments, LLC v. [read post]

43(B)log - http://tushnet.blogspot.com/

Precedential No. 18: TTAB Affirms Trifusal of SCOOP for Ice Cream: Mere Descriptiveness, Failure-to-Function, and Unacceptable Specimen

15 Jul 2019, 3:11 am

Here's the scoop: In a 49-page opinion, the Board affirmed a trifusal (TM) of the mark SCOOP for “frozen confections and ice cream promoted and distributed by a mascot named SCOOP at product promotions and distributions of the frozen confections and ice cream,” finding that the term is merely descriptive of ice cream and lacks acquired distinctiveness, that it fails to function as a source indicator, and that Applicant Yarnell's specimens of use were unacceptable. [read post]

The TTABlog - http://thettablog.blogspot.com/

Bankruptcies Do Not Revoke TM Licenses

21 May 2019, 1:47 pm by Elizabeth A. Patton

Tempnology, LLC N/K/A Old Cold LLC case previously blogged about here and here. [read post]

Above the Fold - https://advertisinglaw.foxrothschild.com/

A “Conveyed” Trademark License Cannot be Rescinded in Bankruptcy

20 May 2019, 9:15 am by Dennis Crouch

Here are two: First, TM licensing is somewhat clarified with the holding that a bankrupt mark-holder cannot simply cancel prior licenses as part of the bankruptcy. [read post]

Patently-O - http://patentlyo.com/patent

She don't lie, but the pharmaco might: cocaine false advertising case continues

8 May 2019, 7:14 am by Rebecca Tushnet

., LLC v. [read post]

43(B)log - http://tushnet.blogspot.com/

allegations of "use on a website" don't plausibly allege TM confusion

1 May 2019, 1:36 pm by Rebecca Tushnet

Blue Water Innovations, LLC v. [read post]

43(B)log - http://tushnet.blogspot.com/

Retromark Volume V: the last six months in trade marks

15 Apr 2019, 11:44 pm

Hot on the heels of last month’s 2019 edition of the Retromark conference, reviewed here, comes the fifth (how times flies) edition of Darren Meale of Simmons & Simmons’ Retromark rundown of notable trade mark cases over the past six months. [read post]

IPKat - http://ipkitten.blogspot.com/

[Eugene Volokh] Libel Case with the Alleged Libels Under Seal

1 Apr 2019, 9:32 am by Eugene Volokh