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6 Aug 2013, 3:39 am by John L. Welch
In re Betty Bangs, LLC, Serial No. 85386222 (July 9, 2013) [not precedential].The Board affirmed the refusal. [read post]
24 Jul 2013, 3:48 am by John L. Welch
This applicant sought to register the mark shown below for bicycles and parts therefor, but the PTO refused registration under Section 2(d) in view of the registered mark SUPREME, in standard character form, for the same goods. [read post]
22 Jul 2013, 2:50 am by John L. Welch
In re AOP LLC, Serial No. 85009094 (July 12, 2013) [precedential].Applicant's original specimen of useSection 2(a) Deceptiveness: The test for deceptiveness under Section 2(a) has three elements: (1) whether the mark misdescribes the goods; (2) if so, whether consumers would likely believe the misrepresentation; and (3) whether the misrepresentation would materially affect the decisions of potential purchasers to purchase the product. [read post]
8 Jul 2013, 12:00 am
Ultramercial originally sued Hulu, LLC ("Hulu"), YouTube, LLC ("YouTube"), and WildTangent, Inc. [read post]
7 Jul 2013, 5:45 am by Barry Sookman
Baxter: PTO Reexamination Decision Trumps Prior Decisions by the Federal Circuit http://t.co/i0NyO2l36t -> State AGs blast Google over YouTube ads for illicit products http://t.co/uSJ9k0zQeP -> Google Glass privacy concerns persist in Congress http://t.co/YDvZStJm7t -> State AGs say Google profits from harmful YouTube videosr http://t.co/XfUml6hzrR -> Apple sued over Siri in patent case in China http://t.co/QkVMRNgcO9 -> No Takedown and Staydown in France… [read post]
26 Jun 2013, 3:20 am by John L. Welch
In re Paws4Peace, LLC Serial No. 85215720 (May 29, 2013) [not precedential].The marks:  The Board noted that both designs comprise fanciful paw prints with the metacarpal pad replaced by a peace symbol. [read post]
23 May 2013, 2:49 am by John L. Welch
The Board found that the PTO's evidence "clearly and convincingly shows that the public would understand DOCTORS MAKING HOUSECALLS to be the name used for the recited services." [read post]
22 May 2013, 2:47 am by John L. Welch
Finally, BR asked that the case be remanded so that the PTO could consider 2(f) evidence based on five years of continuous use. [read post]
16 May 2013, 11:54 am by Dennis Crouch
By Dennis Crouch Sony Computer v. 1st Media LLC, Docket No 12-1086 (on petition for writ of certiorari 2013) In a recent order, the Supreme Court has asked the Solicitor General to file a brief in this expressing the views of the United States in this pending inequitable conduct case. [read post]
26 Apr 2013, 4:30 am by Cindy Chen
Syntrix’s recent infringement verdict against Illumina would be seen as no exception if not for what happened the very next day -- the Federal Circuit’s decision to rehear en banc the panel’s decision in Lighting Ballast Control LLC v. [read post]
26 Apr 2013, 1:21 am by John L. Welch
Note that it is helpful to amend a registration (or, presumably, correct an application) in a timely manner to eliminate "unused" goods/services.For a case (not a TTAB case) where fraud was recently found, see  Melodrama Publishing LLC v. [read post]