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24 Oct 2014, 3:52 am
I once heard a TTAB judge state that the outcomes 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]
10 Jul 2020, 4:42 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]
30 Jan 2017, 3:15 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
17 Oct 2022, 3:51 am
In either of these cases, an applicant would simply submit to the Office a screen-print from the appropriate access screen. [read post]
25 Jun 2018, 3:01 am
The Board reversed a Section 2(e)(4) refusal to register the mark PETROSSIAN in stylized form, for "Soaps; perfumery, essential oils, cosmetics; All of the foresaid good being sold in delicatessen shops. [read post]
28 Aug 2013, 3:17 am
Opposer attempted an end-run around the Board's earlier order refusing to allow opposer to take the testimony of 26 belatedly-identified witnesses, by submitting 23 written statements during its rebuttal case. [read post]
8 Sep 2020, 3:09 am
Given the disclaimers, the marks seem pretty close. [read post]
21 Oct 2022, 4:13 am
" The Board noted that this objection could have been made earlier, but in any case it rejected the Examining Attorney's argument. [read post]
25 Mar 2022, 3:50 am
[Section 2(d) refusal of the mark WALLY & Design, shown below, for "Duffel bags, luggage, tote bags, briefcases, leather key holders being key cases, briefcase type portfolios and all purpose carrying bags in the nature of carrying pouches," in view of the registered mark WALLY (standard character form) for "Wallets with card compartments" and WALLY (standard character form) for "garment bags for travel and hanger clamps for use with such… [read post]
31 Mar 2016, 3:16 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
4 Aug 2019, 6:39 am
Trade mark law Under the EU legal framework and case law of the Court of Justice of the European Union (CJEU), a colour combination is registrable as a trade mark if the subject matter of protection is represented in a clear and precise manner (article 4(b) EUTMR), in line with the requirements set out by the CJEU in the Sieckmann decision (i.e. the subject matter of protection must be represented in a clear, precise, self-contained, easily accessible,… [read post]
28 Mar 2013, 4:54 pm
Following the Court of Justice of the European Union (CJEU) ruling in Case C-120/04 Medion AG v Thomson Multimedia Sales Germany & Austria GmbH, he concluded that the DABUR and UVEDA elements of Dabur Veda's mark shared equal prominence, and that the word UVEDA -- which was only one letter out from AVEDA -- did not play the sort of dominant role envisaged by the CJEU in Medion. [read post]
21 May 2020, 7:57 am
In Modern House Wine, there were no sales and no other evidence supporting use of the mark.This case differs from Tao Licensing and Modern House Wine which were based on the respondents’ failure to use their marks in connection with the sale of goods. [read post]
20 Aug 2013, 3:43 am
The Board distinguished this case from Amazon v. [read post]
25 Apr 2019, 7:54 pm
This kind of “misunderstanding” is not unlikely in the video game industry in relation to football players, like in the Maradona v Konami case (see here and here), a case that was eventually settled. [read post]
1 Apr 2015, 7:53 am
It has been quite a battle, too, with litigation over the ASOS Community trade mark reaching the General Court of the European Union [see Case T-647/11 , noted here by the IPKat] and with no fewer than three clashes between the parties in the High Court, England and Wales [here, here and here]. [read post]
20 May 2015, 12:40 pm
"The FTC's case infographic starkly illustrates the discrepancy between the defendants' charitable aid and organizational overhead expenses, with the vast majority of donations going to employee compensation and other non-charitable uses, such as cars, tickets to sporting events, trips, and even dating site memberships. [read post]
29 Oct 2010, 8:47 am
Unfortunately, this is not the case. [read post]
27 Sep 2011, 6:36 pm
A few notable cases include Hosanna-Tabor Church v. [read post]
14 Jul 2011, 1:00 pm
The Court finds that this may be the position in the case of spirit drinks. [read post]
