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30 Mar 2020, 4:14 am
[Section 2(d) refusal of the mark shown immediately below, for "glass hookahs, including whole hookahs and hookah parts such as the bowl, down-stem and hoses to be utilized to smoke tobacco and other herbal products without electronic components," in view of the registered mark LIT HOOKAH LOUNGE & BAR for "hookah lounge services" [HOOKAH LOUNGE & BAR disclaimed].In re Tintoria Piana U.S., Inc., Serial No. 87776775 (March 25, 2020) [not… [read post]
14 Mar 2013, 10:00 pm
Not always are injured folks of slip and falls advised of the process of the store owner or property owner taking down an accident report and certainly they are not further advised of whether or not they can have a copy. [read post]
15 Apr 2016, 3:43 am
The Board affirmed a Section 2(e)(1) refusal to register the mark GUMMY BITES, finding it deceptively misdescriptive of "dog treats, namely, treats that are a soft solid without having the attribute of being a gum or chewy substance that require mild to moderate forces to masticate a few times before breaking apart, being ground down and being swallowed. [read post]
9 Sep 2019, 2:14 am
[Section 2(d) refusal of the mark PACIFIC VIEW VINEYARDS for wine [VINEYARDS disclaimed], in view of the registered mark PACIFIC VISTA for wine].Read comments and post your comment here.TTABlog comment: How did you do? [read post]
9 May 2009, 2:23 pm
To recover, therefore, each class member must demonstrate, or it must be inferrable classwide, that the misrepresentation or nondisclosure influenced each class members prescription decisionmaking.Slip op. at 9 (citation and quotation marks omitted). [read post]
8 Oct 2010, 3:57 am by John L. Welch
" Full details and registration here.In the year since the Federal Circuit Court of Appeals handed down its standard changing decision in In re Bose, the Trademark Trial and Appeal Board (TTAB) has issued rulings that provide some guidance for counsel on how to plead and prove fraud.While the Bose decision dramatically changed the landscape for pleading and proving trademark fraud, clearly rejecting the TTAB’s prior Medinol “knew or should have known” standard, and… [read post]
23 Nov 2009, 9:05 pm
But stripped down to its bare essentials, the problem was this: "the specimen must not only contain a reference to the service, but also the mark must be used on the specimen to identify the service and its source. [read post]
16 May 2007, 11:16 am
This caused an infection that eventually led Dill's organs to shut down. [read post]
8 Jul 2019, 8:49 am by Paolo A. Strino and Jean E. Dassie
In that 2017 decision, the Court struck down a Lanham Act provision that prevented registration for marks that are deemed “disparaging,” thus rendering moot any further review of Blackhorse. [read post]
11 Oct 2019, 5:01 am
It remains unclear how the verdict did not result in a ban, but the case has still put down a marker. [read post]
18 Mar 2017, 5:57 am by SHG
Unfortunately, the 4th Circuit reached the same conclusion in a dreadful ruling handed down in January. [read post]
11 Apr 2012, 3:00 am by Larry Bodine
"Hands down, consumers favor the term attorney over lawyer when they are searching," says Mark Sprague, a Boston-based information and software product entrepreneur who writes for the Search Engine Lane blog. [read post]
26 Jun 2008, 8:14 pm
Mark Walsh makes an important point from the decision in District of Columbia v. [read post]
29 Dec 2016, 12:38 am
The CJEU, in a judgment handed down shortly before Christmas on 21 December 2016, held that indeed, during the five year grace period for use after registration of a EU mark, the likelihood of confusion has to be assessed based on the goods for which the mark is registered, not the goods it is actually used for. [read post]