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25 Jun 2013, 3:23 am
Applicant Craigslist pointed to several third-party registrations for mark comprising the peace symbol, but in each case the mark included other distinctive elements. [read post]
28 Dec 2012, 4:13 am
cases here? [read post]
18 Aug 2014, 2:34 am
Okay, you know the drill: I once heard a TTAB judge state that the outcome of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods/services, without more. [read post]
31 Jan 2010, 10:50 am
Merpel's not so sure: she still wonders about the European Court of Justice references in Case C-283/01 Shield Mark and Case C-273/00 Sieckmann, where the principal actors were IP practitioners themselves. [read post]
17 Aug 2016, 6:42 pm
Via THR, CBS is working on a docuseries about the Jon-Benet Ramsey case. [read post]
22 Aug 2006, 4:43 am
" (p. 43)The Board declined to sustain the functionality claim, but it added that "our decision does not foreclose the extension of TrafFix to service marks if circumstances in a future case warrant such an extension. [read post]
27 Aug 2018, 8:00 am
Cancellation affirmed. = = = = = Interesting backstory: On the same day this case was released supporting Diamond Hong’s Mark (No. [read post]
2 Oct 2017, 7:02 am
Judge Scola’s decision marks a significant departure from other district courts in the Eleventh Circuit, where over the past year and a half, five FACTA cases have survived motions to dismiss for lack of standing. [read post]
22 Jun 2023, 8:11 am
Specifically, Diece-Lisa argued a “reverse confusion theory,” alleging that Disney’s Lots-o’-Huggin’ Bear flooded the toy market and swallowed Diece-Lisa’s mark, thereby confusing consumers into thinking the “Lots of Hugs” mark came from Disney. [read post]
9 Jun 2011, 1:27 pm
On June 8, the CAFC heard oral argument in the appeal of the TTAB's LE TIGRE decision [TTABlogged here], in which the Board found the mark LE TIGRE for "writing instruments namely fountain pens, ball point pens, felt and fiber tip pens" and "markers and small leather goods, namely, cases for diaries and daily planners; and brief case type portfolios" likely to cause confusion with LE TIGRE (Stylized) shown immediately below for various clothing… [read post]
5 Aug 2024, 7:26 am
This volume covered ten cases on various aspects of trade mark law, including the non-use period of a trade mark and trade mark acquiescence, platform liability, taking unfair advantage of the goodwill and reputation of another trade mark, the role of post-sale confusion in the assessment of likelihood of confusion, the difficulties of proving acquired distinctiveness for colour marks and maintaining their registration, the relevance and… [read post]
27 Sep 2016, 3:34 am
In any case, it is not necessary to show actual confusion in order to prove likelihood of confusion.After considering all the relevant du Pont factors, the Board found confusion likely and it granted the petition for cancellation. [read post]
11 Jun 2014, 2:57 am
Therefore, Applicant DEQ may make a claim of acquired distinctiveness for that element.As to whether EZ has acquired distinctiveness, the Board pointed to Rule 2.41(b), which provides that "in appropriate cases, ownership of one or more prior registrations on the Principal Register of the same mark may be accepted as prima facie evidence of distinctiveness. [read post]
23 May 2016, 3:48 am
The Board agreed with the Examining Attorney that:[i]n this case, it is clear that the marks create similar commercial impressions because, as Applicant argues, “TEST is commonly understood as shorthand for ‘testosterone’ in nutritional supplements,” and “360 is a common term when marketing nutritional supplements as a way to connote wholeness or completeness, as in the 360 degrees of a circle. [read post]
15 Jul 2016, 8:33 am
Omega case, OMEGA watch alleged that collegiate fraternity Alpha Phi Omega’s use of its name in Greek letters ( ΑΦΩ) on shirts would dilute the OMEGA mark in English or as the Greek letter Ω. [read post]
12 May 2022, 3:55 am
The Board distinguished the Eagle Fence (alternately colored strands of wire) and Red Robin (bird costume) cases, where the marks weres clearly viewable during performance of the respective services (fence rental services and entertainment services). [read post]
17 Jul 2019, 2:56 am
Moreover, prior decisions by examining attorneys in other cases do not bind the Board. [read post]
TTAB Affirms Refusal to Register Blue Bundle of Dental Floss Due to Lack of Acquired Distinctiveness
19 Jan 2024, 4:15 am
" In any case, Loops claimed acquired distinctiveness under Section 2(f),"thereby tacitly conceding the lack of inherent distinctiveness. [read post]
13 Jan 2015, 3:28 am
That the marks are not in use? [read post]
13 May 2016, 6:00 am
I once heard a TTAB judge say that the outcome of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods/services, without more. [read post]
