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8 May 2024, 7:19 am
Detroit Athletic [which involved the marks DETROIT ATHLETIC CLUB and DETROIT ATHLETIC CO.] was relied on by the CAFC in its recent Naterra opinion [TTABlogged here], wherein the court remanded a case [BABIES' MAGIC TEA and BABY MAGIC] to the Board so that it could "weigh heavily" the first DuPont factor. [read post]
24 Jan 2022, 4:54 am
" A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark. [read post]
21 Jul 2021, 2:17 am
The Board, however, went on to decide Goya's likelihood of confusion and dilution claims on the merits, in case a reviewing court disagrees with the Board's finding that all of Goya's evidence was not timely submitted. [read post]
26 Aug 2013, 6:54 am
In one case, when they sold food and other goods under a “Georgetown Clampers” banner, ECV allged that its local chapter couldn’t participate in the same event because the authorities mistakenly issued a permit to the defendants, believing them affiliated with ECV’s local chapter. [read post]
2 Apr 2013, 3:30 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided.April 9, 2013 - 10 AM: Intellect Technical Solutions, Inc. v. [read post]
11 Jan 2019, 6:14 am
" In this regard, the Board pointed to four oft-cited cases: In re Covalinski, In re White Rock Distilleries, Inc., Parfums de Coeur Ltd. v. [read post]
10 Jun 2014, 2:41 am
Moreover, the transactional facts differed between the court and the TTAB.The CAFC therefore vacated the Board's decision and remanded the case to the Board for further proceedings.Read comments and post your comment here.TTABlog note: What happens if Cubatabaco gets a registration but is barred from using the mark? [read post]
31 Mar 2014, 7:37 am
” Judge Peck noted that in some cases of reverse confusion (where second user’s more famous use of the mark can create the impression that the original user copied the later user) the weakness of a mark can weigh in favor of the plaintiff), but rejected that conclusion here because “there is no evidence of any negative correlation between New Balance’s use of the <=> design and Denimafia’s lack of success. [read post]
21 Jun 2013, 8:35 am
Assuming this to be the case, would it be at all possible to do so? [read post]
29 Jun 2021, 9:01 pm
Today marks the 50th anniversary of the Supreme Court’s decision in New York Times Co. v. [read post]
19 Jul 2021, 12:23 pm
On appeal to the United StatesCourt of Appeals for Seventh Circuit, case was assigned Appeal Case No. 20-2506 ORDER [read post]
28 Jan 2019, 12:33 pm
Evidently, A Salinas city ordinance stated that the city must maintain crosswalks at intersections with the appropriate markings. [read post]
11 Jan 2012, 2:05 am
The Board, however, observed once again that each case must be decided on its own record, and the Board is not bound by prior examination decisions in other cases.And so the Board affirmed the refusals.Text Copyright John L. [read post]
5 Aug 2010, 2:44 am
" It found the "competing evidence" of third-party registrations to be of little probative value, since each case must be decided on its own record. [read post]
11 Dec 2007, 4:44 am
" Indeed, Applicant admitted that the marks are "similar. [read post]
13 Sep 2009, 10:43 pm
Urban Fare, LLC uses the same mark in Minnesota for "soups, chicken and vegetable stocks and broths. [read post]
21 Oct 2008, 11:00 am
However, the "central issue" in the case was this: "whether applicant's 'cigars made from Cuban seed tobacco' should be deemed to originate from Havana, Cuba, although they will be made elsewhere. [read post]
6 Oct 2008, 12:00 pm
" It pointed to several cases that distinguish between "goods targeted to professionals, and goods targeted to a general consumer who wishes to have professional-style results. [read post]
11 Dec 2008, 12:00 pm
., 226 USPQ 428 (TTAB 1985), the Board affirmed a Section 2(a) refusal to register the mark MOJAVE for cigarettes, tobacco, and related paraphernalia, finding that the mark falsely suggests a connection with the Fort Mojave Indian Tribe of Arizona, Colorado & Nevada. [read post]
16 Jan 2007, 5:13 pm
However, neither Applicant's drawings nor its description of the marks gave "adequate notice of the nature of" applicant's marks: namely, that Applicant claimed as features of the marks the particular movements that are involved in reversing the watchcase. [read post]
