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21 Nov 2018, 3:59 am
In February 2016, the Board had dismissed the oppositions [TTABlogged here] but in July 2017, the CAFC vacated the Board's findings on the surname issue and remanded the case with instructions to determine "(1) whether the term 'collection' is merely descriptive of KEI’s furniture and custom home construction services, and (2) the primary significance of the mark as a whole to the purchasing public. [read post]
9 Sep 2024, 4:24 am
Kuhlke) [Section 2(d) refusals of the marks NOMVDIC2 and NOMVDIC-INNOVATION and the two stylized/design marks shown below, for "Projectors, namely, multimedia projectors, cinematographic projectors, picture projectors, video projectors; transparency projection apparatus, slide projection apparatus and photograph projection apparatus; projection screens; computer hardware; computer monitors; . . . ; computer keyboards; computer memory devices; computers," in view of the… [read post]
20 Feb 2018, 2:42 am
In such a case, the so-called 'background' comes out into the spotlight of real trademark significance. [read post]
14 Jun 2013, 4:45 am
Trademarks are an important protection for any business, but nowhere in Canada is this as vital as in Québec, where failure to have a registered trade-mark may lead to notices and fines for business owners. [read post]
28 Jun 2016, 4:00 am
In this case, the Examining Attorney has made such a prima facie showing. [read post]
17 May 2018, 10:00 pm
Despite the Turnpike Authority’s arguments to the contrary, this was the case here. [read post]
6 Nov 2018, 10:00 pm
Based on such errors, the Federal Circuit remanded the case back to the ITC. [read post]
3 Nov 2015, 3:53 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided.November 3, 2015 - 10 AM: Miss World Limited v. [read post]
24 Mar 2017, 3:50 am
The Board pointed to the MATCHBOX SERIES case, in which that mark was found to be merely descriptive of toy vehicles sold in boxes having the size and appearance of a matchbox. [read post]
20 Jan 2015, 5:26 am
We begin with a review of recent developments in case-law and legislation across the three fields (trade marks, patents, copyright). [read post]
6 Jan 2023, 4:01 am
In a less that scintillating case, the Board affirmed a Section 2(e)(1) refusal to register the proposed mark DXPORTAL, finding the mark to be merely descriptive of "providing an Internet website portal in the healthcare field to provide a patient and caregivers with the patient's drug prescription information. [read post]
7 Dec 2015, 11:43 am
[¶] The court finds that the underlying case was not complicated but was made complicated by the overzealous litigation on [Kierstin‟s] counsels‟ part and [Kierstin‟s] complete abandonment of the litigation process. [read post]
22 Jan 2019, 6:49 am
My student did a great case study of the Kardashian marks, showing that several of them may well be invalid, but I think this could be extended to a longer theoretical piece if it hasn't been done already. [read post]
1 Apr 2023, 7:01 pm
If a public forum were opened, disallowing views that promote religious beliefs would seem a prima facie case of unconstitutional viewpoint discrimination. [read post]
13 Jan 2017, 3:41 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]
31 Aug 2018, 2:40 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
8 May 2020, 9:25 am
This is the case of PlanetArt LLC against Photobox Ltd, for which judgement was handed down remotely. [read post]
25 Jul 2017, 4:17 am
In any case, how did you do? [read post]
30 Nov 2015, 3:31 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided.December 3, 2015 - 2 PM: In re The American Waffle Company LLC, Serial No. 85768317 [Section 2(e)(2) refusal of THE AMERICAN WAFFLE COMPANY on the ground that the marks is primarily geographically descriptive of "Pancakes; Waffles" [WAFFLE COMPANY disclaimed]. [read post]
23 Nov 2016, 4:07 am
Moreover, each case must be decided on its own factual record, and the Board is not bound by prior decisions involving different records. [read post]
