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31 Mar 2015, 7:20 am
" In total, only 149 cases were examined. [read post]
21 Jan 2019, 4:21 am
They claimed, inter alia, that the mark would be devoid of any distinctive character and be a descriptive term, pursuant to Article 7(1)(b) and (c) of Regulation 2017/1001 on EU Trade Mark (EUTMR). [read post]
22 Jan 2009, 4:51 am
Fresh from Luxembourg today is the decision in a Community trade mark appeal, Case Tâ€â [read post]
20 Jun 2011, 9:49 am
Mark Sherman of the AP now has posted this story in the Wal-Mart decision today. [read post]
1 Apr 2011, 6:05 am
From the Evansville Courier & Press, this story, reported by Mark Wilson, that begins:The Indiana Supreme Court Disciplinary Commission suspended... [read post]
2 Jan 2014, 5:26 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided.January 7, 2014 - 2 PM: In re Peak Financial Partners, Inc., Serial No. 85414941 [Section 2(d) refusal to register the mark PEAK & Design, shown below, for certain financial and real estate services, in view of the registered marks PEAK FINANCIAL MANAGEMENT, INC. for certain financial services; PEAK PROPERTY MANAGEMENT for certain real estate services; PEAK PROPERTY MANAGEMENT &… [read post]
29 Mar 2016, 3:52 am
A mark may be deemed deceptive even if the descriptive term is embedded in a larger mark. [read post]
8 Mar 2022, 4:12 am
" Applicant pointed to several third-party registrations for mark that include the phrase "MADE FOR YOU," but the marks and goods were distinguishable and, in any event, each case must be decided on its own record. [read post]
11 Dec 2015, 3:01 am
If that's the case, why worry about issue preclusion under B&B Hardware? [read post]
2 Jun 2014, 2:53 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided.June 5, 2014 - 2 PM: Real Sitio de Ventosilla, S.A. v. [read post]
26 Oct 2020, 2:52 am
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. [read post]
29 Dec 2016, 12:38 am
The mark was subsequently not used for these services. [read post]
14 Mar 2016, 2:21 am
This action resulted from the pending appeals in the cases involving the marks THE SLANTS, REDSKINS, and FUCT, as briefly discussed below.The constitutionality of the scandalousness provision is an issue that the USPTO expects to be decided by the Federal Circuit in In re Brunetti (No. 15-1109). [read post]
17 Mar 2017, 9:40 am
”Although summary judgment is usually disfavored in trademark cases, nominative fair use can allow it. [read post]
1 Jul 2011, 7:27 am
Cal., Case No. 5:09-cv-02957-HRL. [read post]
6 Feb 2015, 6:31 am
As this moggy pointed out at the time, the cases were not all square with each other, since among other things "in the Dutch case Sun had won a tender to be the exclusive supplier of zoledronic acid 5mg/100ml for the healthcare insurer VGZ". [read post]
16 Dec 2009, 9:38 am
If a court determines FragranceNet is too generic to garner protection, then the plaintiff ends up not only losing the case, but losing the rights to the mark. [read post]
14 Nov 2014, 9:15 am
The conclusion is not affected by the fact that, as in this case, the composite mark is itself a registered trade mark. [read post]
19 Jul 2010, 3:07 am
" Had this been a close case [It was't? [read post]
4 Mar 2013, 8:13 am
Early in the case, Keating moved for summary judgment, a motion that failed at that time because Keating didn’t meet its burden, but the court commented that summary judgment for Keating could still be available; Keating needed to cite relevant law—“cases analyzing an infringement claim where plaintiff alleges that its composite mark is infringed by defendant's composite mark and the marks share only a portion of letters”—to… [read post]
