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19 Oct 2023, 3:27 am
"When, as here, Congress sets out a lengthy list of statutory provisions, we will not lightly add to that list, lest we contradict what may well have been an intentional omission. [read post]
30 Sep 2019, 3:27 am
., Opposition No. 91223121 [Section 2(d) opposition to registration of the mark JUSTICE NETWORK for television programming services and video production and distribution, in view of the registered marks JUSTICE CENTRAL and JUSTICECENTRAL.TV for video and audio programming and transmission service].October 8, 2019 - 10 AM: In re SF Investments, Inc., Serial No. 87661190 [Section 2(e)(2) refusal to register SMITHFIELD for meat, lard, and offal on the ground that the mark is… [read post]
24 May 2013, 4:00 am
Deceptive trademarks (unlike deceptively misdescriptive marks under Section 2(e)(1)) are not eligible for registration via Section 2(f) acquired distinctiveness.A mark is deceptively misdescriptive if it satisfies the first two prongs of the test set forth above. [read post]
17 Feb 2015, 6:24 am
Zall had standing and adequately pleaded a claim under Section 2(a) of the Lanham Act, the Board denied Respondent's motion to dismiss this petition for cancellation of a registration for the mark HAIRROIN SALON (in standard character form) for hair salon services, on the ground that the mark is scandalous, immoral, and disparaging. [read post]
6 May 2013, 1:20 pm
However, where the alleged infringement was not likely to interfere with the trade mark's essential function, actual conditions suggested that, in the interest of competition, injunctive relief should be limited to those situations in which it is relevant to the protection of the infringed mark. [read post]
11 Sep 2024, 7:07 am
Job openings include a postdoctoral researcher and a research assistant position at Maynooth University, as well as an intellectual property lawyer role at Netflix’s London office. [read post]
9 Aug 2013, 3:07 am
And so the Board affirmed the genericness refusal.Read comments and post your comments here.TTABlog note: Well, would you have appealed? [read post]
6 Feb 2015, 6:28 am
The importer claims the regulation applies to trademarks under federal law as well as common law trademarks, which are unregistered but used in commerce. [read post]
1 May 2017, 8:28 am
A counterfeit mark is defined as a “spurious mark which is identical with, or substantially indistinguishable from, a registered mark”; the standard is “more rigorous than the test for likelihood of confusion. [read post]
19 Dec 2012, 12:24 pm
It is for the referring court to assess whether the conditions are met in the main proceedings, taking account of all the relevant facts and circumstances, including the characteristics of the market concerned, the nature of the goods or services protected by the trade mark and the territorial extent and the scale of the use as well as its frequency and regularity. [read post]
11 Mar 2021, 3:11 am
" Applicant maintained that "the 'primary' significance of PENNSTATE in the minds of potential purchasers is unquestionably as the well-known nickname for the applicant Penn State. [read post]
13 Apr 2016, 3:32 am
The Board affirmed a Section 2(e)(5) refusal of the product configuration mark shown below, finding the mark to be de jure functional for "“gun parts, namely, bottom metal for custom guns that incorporates a trigger guard shape. [read post]
8 Apr 2015, 7:34 am
I guess the ultimate lesson is: don’t aggravate the district court until it refuses to listen to your good arguments as well as your bad ones. [read post]
25 Apr 2023, 3:02 am
In cases involving a foreign language mark, the "ordinary American purchaser includes purchasers knowledgeable in English as well as the pertinent foreign languages. [read post]
8 May 2017, 6:34 am
" It found that BELUSHI "is so well-known as a result of media publicity that it would be immediately recognized as a surname. [read post]
10 Mar 2022, 5:25 am
The case concerned Longchamp’s Le Pliage “cult” bag.The Milan court accepted to enforce Longchamp’s 3D EU trade marks (EUTMs) protecting the shape of Le Pliage, but refused to acknowledge that copyright protection could also vest in such a design.BackgroundIn 2019, Longchamp initiated proceedings for trade mark and copyright infringement, as well as unfair competition, against a company making and selling a bag design closely resembling that of Le… [read post]
12 Dec 2017, 9:21 am
Seuss alleged protectable marks in the Go! [read post]
17 Oct 2013, 3:15 am
The Board concluded that the same policy applies particularly well here, since publication of the mark will allow competitors to assert and prove that they indeed do have a competitive need to use the design at issue. [read post]
7 Dec 2020, 4:09 am
Coach Servs., 668 F.3d at 1376 (internal quotation marks and citation omitted); cf. [read post]
16 Sep 2021, 7:32 am
“These advertising expenditures and the arbitrary nature of the mark support a finding that the mark is strong enough to be protectable. [read post]
