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7 Oct 2011, 9:18 pm
" Despite the Bavis family's desire to see the case through to trial, the Los Angeles Times and the New York Law Journal reported that the family reached a settlement agreement on September 19th, 2011 with the Airline. [read post]
11 Jan 2017, 9:26 am
For example, in the case In re Sauer,27 USPQ2d 1073 (TTAB 1993), the Board held that registration of a mark BO BALL, used for a sports ball, was barred under Lanham Act § 2(c) without consent to register, because BO is a name that would be associated with the well-known professional athlete Bo Jackson. [read post]
15 Dec 2011, 11:15 am
The decision (which you can access here) is Case C-119/10 (Frisdranken Industrie Winters BV v Red Bull GmbH). [read post]
10 Aug 2010, 11:51 am
The Patient Self-Determination Act (PSDA) marks its 20th anniversary in 2010. [read post]
23 Oct 2009, 7:35 am
We are all grateful that they have been instated for Case T-307/08. [read post]
19 Dec 2012, 11:31 am
The applicant disputed this, on the grounds that it was a "double entendre" and that in such cases the examiner should consider only the "primary meaning." [read post]
6 Jul 2011, 6:34 am
Gone are the days when “special rules for patents” were a bull’s-eye marking Federal Circuit decisions fated for reversal. [read post]
13 Apr 2016, 11:56 am
As result, the cumulative requirements of Rule 22(2)(3) EUTMIR were not met in the case at issue, namely the place, time, extent and nature of the use of the opposing mark in connection with the goods for which the mark is registered and on which the opposition is grounded. [read post]
26 Jul 2018, 3:04 am
In any case, the "look of the letters as they appear on the goods in the specimen is a reason I LOVE YOU would be perceived as mere ornamentation .... [read post]
31 Jan 2024, 3:58 am
The USPTO has the burden to establish a prima facie case of mere descriptiveness. [read post]
14 Mar 2017, 4:01 am
Each case must stand on its own merits. [read post]
11 Jan 2013, 4:49 am
"[A]llowing piecemeal prosecution of this case would reward Grape for its apparent haphazardness and would unfairly prejudice ChaCha by increasing the time, effort, and money that respondent would be required to expend to defend against an additional basis for Grape’s challenge to its registration." [read post]
13 Apr 2015, 4:10 am
" The "relevant persons" for Section 2(d) are the persons for whose benefit the membership mark is displayed.Thus, in the case of Applicant’s collective membership mark and Registrant’s service mark, the question is whether relevant persons are likely to believe that the collective organization, i.e., Applicant, is endorsed by or in some way associated with the provider of the association services.The Board found it clear, on the face of… [read post]
20 May 2022, 3:09 am
" Here, the USPTO had to show that: (1) Applicant’s mark is the same as, or a close approximation of, the name or identity previously used by another person(s) or institution, in this case William Windsor and Kate Middleton;(2) Applicant’s mark would be recognized as such, in that it points uniquely and unmistakably to William Windsor and Kate Middleton; (3) William Windsor and Kate Middleton are not connected with the services offered by Applicant… [read post]
6 Nov 2020, 2:35 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]
22 May 2013, 2:47 am
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]
6 May 2024, 3:54 am
" Te CAFC granted the motion and remanded the case to the Board "for further proceedings consistent with the motion and this order. [read post]
15 Oct 2013, 3:40 am
It has been said, by a TTAB judge no less, that the outcome of the vast majority of likelihood of confusion cases may be correctly predicted just by looking at the involved marks and the goods/services. [read post]
1 Jul 2016, 3:48 am
Each case must be decided on its own facts.Examining Attorney Margaret Power submitted excerpts from 11 websites demonstrating that beer and wine may emanate from the same source, usually a combination winery/microbrewery. [read post]
25 Jun 2013, 8:56 am
It claims that Devoted Creations acted in bad faith and with full knowledge and conscious disregard of Australian Gold's rights and that, as a result, this is an exceptional case. [read post]
