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18 May 2021, 3:57 am
There's nothing like a TTAB specimen-of-use case to cure your insomnia. [read post]
23 Jun 2023, 4:07 am
In any case, the Board must base its decision on the least sophisticated potential consumer. [read post]
18 Jan 2018, 3:51 am
The 'Manhattan' printWhile trade mark professionals are keenly awaiting the outcome of the Louboutin reference [the case has been re-opened, and a new Opinion of Advocate General Szpunar, on which see here, is due on 6 February], the appeal branch of the specialist Swedish IP court has made a reference to the Court of Justice of the European Union regarding what is to be intended as ‘shape, or another characteristic, which gives substantial value to the… [read post]
15 Jan 2014, 3:54 am
That distinction is sufficient, under the facts of this case, for us to find that opposer established actual trademark use on December 8, 2011, while applicant’s purely promotional efforts before a small group of people were insufficient to establish either actual service mark use or use analogous to service mark use, leaving applicant to rely on the subsequent December 10, 2011 filing date of its involved application.Both parties attempted to rely on use analogous… [read post]
20 Dec 2013, 10:06 am
[In this complicated case concerning ownership of the two marks shown immediately below, for restaurant services, the Board sustained Opposer Constantine's oppositions, ruling that applicant was not the owner of the marks at the time the applications were filed, and consequently, both of the opposed applications were void ab initio]. [read post]
6 Nov 2006, 6:09 pm
Of course, the focus of the case was on the omission of the curved design element that appears in the specimen. [read post]
8 Apr 2010, 1:59 am
In any case, "the mere fact that goods are expensive does not mean that their purchasers are sophisticated or immune from source confusion. [read post]
17 Sep 2007, 4:37 am
Moreover, the Board must decide this case on the record before it, and is not bound by a previous examining attorney's determination.The Board therefore affirmed both the disclaimer requirement and the Section 2(d) refusal.TTABlog note: See the Board's non-precedential decision (here) issued on September 29, 2006, in Application S.N. 76571967, involving Applicant's mark TOGGS for similar goods. [read post]
21 May 2009, 1:07 am
Here's a practical question: since one may freely use TM or SM adjacent any supposed mark, and since the vast majority of consumers (I suspect) don't know the difference between TM, SM, and ® anyway, why make a federal case out of it unless you can really, really prove a bad intent? [read post]
28 May 2010, 1:21 am
The England World Cup hero, along with six other investors, sued Mark Cordner, their former financial adviser, for misrepresenting terms of a £2 million deal for off-plan villas in 2003 and 2004. [read post]
22 Aug 2022, 12:15 am
Samuel Clemens (aka Mark Twain), who had worked in Virginia City, Nevada, even bought shares in the mine on margin, as he related in Chapter 15 of his autobiography: "One day I got a tip from Mr. [read post]
24 May 2019, 3:54 am
Here is an updated collection of Section 2(a) deceptiveness cases from the TTABlog. [read post]
21 Dec 2010, 1:59 am
Nonetheless, the Board found the points of similarity in the marks to outweigh the dissimilarities.Balancing the du Pont factors, it found the marks to be confusingly similar and it sustained the opposition.TTABlog comment: This case nearly turned into a car wreck for GM. [read post]
6 Jan 2009, 8:01 am
Here are two of his cases for your consideration, one a victory, one a defeat.Text Copyright John L. [read post]
3 Sep 2011, 10:58 am
Tags: Daubert, Texas, Vioxx Related posts Vioxx: Mark Lanier’s smears of the Ernst v. [read post]
24 Oct 2012, 7:34 am
This case is over. [read post]
13 Apr 2011, 6:03 pm
In any case, because the letters HB dominate the registered marks, the involved marks are, overall, similar in appearance.As to pronunciation, there was no evidence that consumers would, as Applicant argued, refer to the crown design, contrary to the general principle that in word and design marks, the word portion is dominant. [read post]
14 Dec 2014, 6:06 am
In our case, while Mike’s use of the UKIP trade mark would be permitted under “likelihood of confusion” criteria, UKIP could still argue that “UKIP_Trumpton” harms the reputation of the registered trade mark under Article 5(2)/section10(3) criteria? [read post]
19 Nov 2009, 11:33 am
I spent all day and evening Wednesday trying to resolve a number of E. coli O157:H7 cases involving the Barbecue Pit and Nebraska Beef in South Georgia - made some progress, but not there yet on all the cases. [read post]
12 Dec 2010, 11:45 pm
These cases mark the second prepackaged chapter 11 filing for the companies in less than three and a half years; the companies also filed prepackaged cases in May of 2007. [read post]
