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23 Feb 2017, 10:43 am
This case illustrates how non-use of a trade mark can attract loss of registration rights. [read post]
11 Feb 2020, 4:09 am
In some cases, adding one initial to a surname may lead consumers to perceive the mark as a personal name, while in others even adding two initials may not create such an impression. [read post]
3 May 2023, 1:06 am
In both cases, these marks are ‘different’ from what’s already out there, and so seem to satisfy the test for distinctiveness on a cursory level, but it is doubtful whether consumers really will see them as indicative of origin without considerable training. [read post]
2 Dec 2014, 6:51 pm
For example, the SG assumed that in every case, the right at issue in an infringement case could only be bigger than the registration, because the right might also be based on uses on goods for which there wasn't a registration. [read post]
25 Nov 2013, 10:25 am
Fame of the Prior Mark In likelihood of confusion cases, if fame of the prior mark is found to exist, it plays a dominant role in likelihood of confusion. [read post]
16 Nov 2016, 6:32 am
" In this case, the question was whether the Church made a sale of goods bearing the mark, in commerce regulable by Congress, before it applied to register its marks. [read post]
15 Mar 2015, 10:35 am
Id. at 1092 (discussing Marks v. [read post]
30 Dec 2014, 9:25 am
Mike Madison wondered if Koons is "using the copyright system itself as a canvas," though it's worth noting that the works at issue in these latest cases are nearly 30 years old. [read post]
4 Nov 2014, 3:09 am
In any case, "the specific style of a registered mark cannot serve to distinguish an applicant's mark that is in standard character form. [read post]
26 Apr 2019, 3:53 am
Nonetheless, the Board recognized that the POWER TECH mark "is on the weaker end of the spectrum conceptually, " but even weak are "still entitled to protection under Section 2(d) of the Trademark Act against the registration by a subsequent user of a similar mark for goods that are legally identical in-part and otherwise related, as is the case here. [read post]
13 Jul 2021, 4:09 am
" Cases involving an applicant's prior registrations "customarily determine whether substantially similar marks should be allowed to coexist on the register because of an applicant's prior registration of a similar mark for the involved goods or services. [read post]
12 Jul 2013, 3:20 am
"Each case must be decided on its own facts, based on the particular mark, the particular goods or services, and the particular record in each application. [read post]
24 Jun 2020, 5:53 am
[T]he number of third-party uses in this case is in line with what has been relied upon by our primary reviewing court in previously finding weakness based on extensive third party use of the same or similar term. [read post]
13 Apr 2021, 3:37 am
In any case, the excluded evidence did not affect the outcome of the case. [read post]
22 Nov 2023, 4:13 am
In any case, as the Board pointed out, Trek's evidence was "not broken down by product and [did] not appear to be for only clothing and bags. [read post]
18 May 2010, 10:55 am
Massa's case is now before the House Ethics Committee. [read post]
2 Sep 2021, 3:58 am
The Board found that this case brought to mind a number of prior decision finding confusing likely between two designs, despite obvious differences in details.And so, the Board sustained the opposition. [read post]
Test Your TTAB Judge-Ability: Are SUN SOUL ORCHESTRA and SOUL SUN Confusable for Musical Recordings?
28 May 2014, 4:24 am
However, there was no evidentiary support for that assertion, and in any case even careful consumers are not immune from source confusion. [read post]
14 Jul 2013, 5:00 pm
Today, very few prosecutors – if any – will dare to use bite mark analysis in serious felony cases, likely because they know that barring an overwhelming amount of additional evidence, the case isn't likely to withstand defense scrutiny. [read post]
21 Sep 2018, 3:05 am
Much of the discovery and evidence would be the same in both cases. [read post]
