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12 Mar 2014, 3:59 am
The Board was not impressed.The Board observed that the fact that a drawing of a mark is two-dimensional does not preclude the alleged mark from being functional. [read post]
29 Aug 2024, 3:42 am
Briefs and other papers for each case may be found at TTABVUE via the links provided.September 5, 2024 - 1 PM [Virtual]: In re Metabeauty, Inc., Serial No. 97492557 [Section 2(d) refusal of the mark shown below, for non-medicated skin care preparations and related retail store services, in view of the registered mark TWELVE COSMETICS for cosmetics [COSMETICS disclaimed].] [read post]
6 May 2014, 2:00 am
Akea, LLC, Opposition No. 91196527 (May 2, 2014) [precedential].Likelihood of confusion: The Board found that, for Section 2(d) purposes, the mark IKEA is famous for "retail store services in the field of furniture, housewares and home furnishings," and is otherwise a strong mark for furniture, housewares, home furnishing, food products, and restaurant services. [read post]
22 Nov 2015, 6:32 am
This comes from Thomas Hvammen Nicholson (Protector IP Consultants AS, Norway), who writes about the trade mark registrability, or otherwise, of some iconic artwork:As you may be aware, there is a portfolio of pending trade mark applications fororks of art in Norway. [read post]
8 May 2013, 12:35 pm
With a 83-page decision published on 2 May last, the Tribunale di Milano (Milan Court of First Instance) dismissed all Gucci's claims in a 4-year long action for trade mark infringement and unfair competition that the Florence-based fashion house had brought against US Guess and others. [read post]
31 Mar 2014, 3:20 am
The court, however, observed that a party's prior statements may be "illuminative of shade and tone in the total picture" but do not change the Board's obligation to reach its own conclusion on the record before it. [read post]
10 Feb 2023, 4:16 am
While the first term in a mark generally may be considered as the feature that will be called for, and so remembered, by consumers, this is not invariably the case. [read post]
31 Jul 2019, 2:52 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
23 Jun 2017, 1:37 am
Misuse of a coat of armsWhilst it may not have been worth taking action in the USA, the situation was slightly different in the UK which had granted the coat of arms in the first place.This raises two related issues: use of the coat of arms and whether the coat of arms could be registered as a trade mark in the UK.Scotland are having none of it - this is the closest Trump can get in ScotlandUse of the coat of arms Trump attempted to use the coat of arms on his Aberdeen… [read post]
30 Aug 2017, 2:43 am
The Board found this complementary relationship to be relevant to the Section 2(d) analysis, although the Board perceptively noted that donuts and coffee are different in nature, one being a baked or fried food, the other a beverage.Similar evidence established the stores that sell donuts are commercially related, for Section 2(d) purposes, to stores that sell coffee, although there may be some distinction between stores that specialize in coffee (Starbucks) but also sell donuts, and those… [read post]
7 Mar 2024, 4:09 am
However, the Board agreed that if the mark describes "a feature of the goods, the intended or expected users/purchasers of the goods, or something significant about the source of the goods, the mark may be merely descriptive. [read post]
17 Mar 2022, 12:47 pm
One gets the sense that the answer to all of these questions may have been “yes” because in some places, the decisions are difficult to reconcile and in other places just downright wrong. [read post]
12 Feb 2012, 12:22 pm
ASIC has announced that the new ASIC business names register is expected to go live on 28 May 2012. [read post]
8 Jan 2007, 8:29 pm
You may remember that for a time these Updates were extremely funny and occasionally analytical and insightful. [read post]
9 Feb 2024, 6:06 am
This long-running litigation may not be over. [read post]
26 Jun 2019, 8:02 am
Brunetti that the government may no longer deny trademark registration to marks that are “scandalous” or “immoral. [read post]
1 Jun 2009, 10:14 am
A Verizon lineman grips the strands contained in a fiber optic cable in Massapequa Park, N.Y. on May 11, 2006. [read post]
26 May 2011, 7:54 am
May 1st of this year marked the three year anniversary of the Open Access Directory. [read post]
18 Apr 2019, 10:29 am
Brunetti.This study follows up on Megan Carpenter and Mary Garner's prior 2015 paper, published in the Cardozo Arts & Entertainment Law Journal and Anne Gilson LaLonde and Jerome Gilson's 2011 article, Trademarks Laid Bare: Marks That May Be Scandalous or Immoral. [read post]
10 Apr 2011, 10:13 am
The Saginaw City Council will introduce its proposed ordinances on April 18, and the ordinances are slated to be enacted May 9 and become effective May 19. [read post]
