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24 Feb 2023, 4:25 am
In short, pending the outcome of In re Elster (the TRUMP TOO SMALL case) at the Supreme Court, the Office will suspend action on pending applications involving marks subject to refusal under section 2(c). [read post]
1 Dec 2015, 3:24 am
However, nowhere did the marks at issue appear on the webpages, nor was there even an indication of when the webpages were created.The Board found that opposer had thus established a prima facie case. [read post]
26 Oct 2016, 3:04 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]
1 May 2018, 5:05 am
Briefs and other  papers for these cases may be found at TTABVUE via the links provided. [read post]
25 Sep 2013, 6:55 pm by David Markus
He pointed out that she paid back large sums of money to several clients, but said she was unable to make payments after she was arrested and barred from working as a psychic at least until the criminal case is over." [read post]
28 Nov 2016, 3:33 am
Supposedly one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods. [read post]
30 Jul 2021, 3:49 am
Briefs and other papers for each case may be found at TTABVUE via the links provided. [read post]
30 Nov 2023, 4:02 am
Briefs and other papers for each case may be found at TTABVUE via the links provided. [read post]
27 Feb 2017, 4:35 pm
District Court for the Eastern District of Virginia dismissed Bayer’s Section 43(a) false association and false advertising claims under FRCP 12(b)(6) and entered judgment on the pleadings as to Bayer’s Section 14(3) claim, ruling that the Lanham Act does not allow an owner of a foreign mark not registered in the United States, who does not use the mark in the United States [Bayer], to assert priority rights over a mark that is registered and used by another… [read post]
21 Jun 2017, 6:00 am by Martha Engel
Tam case, the Supreme Court affirmed the Federal Circuit decision that the Trademark Office’s refusal to register THE SLANTS mark on disparagement grounds was unconstitutional. [read post]
12 Mar 2008, 4:40 am
In the instant case, however, each registration of the six registrations involved a single class of goods.Text Copyright John L. [read post]
8 Sep 2010, 2:17 am by John L. Welch
The Board, however, observed that each case must be decided on its own record, and furthermore that the registered mark "is not the legal equivalent of the three-dimensional beer glass and stand mark. [read post]
23 Sep 2024, 9:12 am by Marcel Pemsel
For instance, the word mark ‘ANTICO CASALE’ (Italian for ‘old farmhouse’) was considered to be distinctive and non-descriptive for various foodstuffs (case T-327/16). [read post]
13 Jul 2024, 10:42 pm by Marcel Pemsel
Sometimes, the creative alteration of a descriptive word does not go far enough, as the following case concerning Nike’s ‘FOOTWARE’ trade mark shows. [read post]
21 Jul 2010, 11:16 am by Douglas R. Griess
The recent case law continues to place the burden on trademark owners to enforce their marks. [read post]