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Renting legitimate goods isn't actionable, at least with disclaimer

43(B)log

May 20, 2021) (R&R) Proactive alleged that Pine infringed registered trademarks associated with Proactive’s groundwater sampling pumps and their components and engaged in counterfeiting. Proactive Environmental Products Int’l, LLC v. Pine Environmental Servs., 8:21-cv-250-CEH-CPT, 2021 WL 3025481 (M.D.

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TTABlog Test: Are Drinking Game Equipment and Sports Balls Related for Section 2(d) Purposes?

The TTABlog

The USPTO refused registration of the mark BREWSKI (in standard characters) for "Equipment sold as a unit for playing drinking games comprised of an apparatus for holding multiple cups," finding confusion likely with the registered mark BREWSKI BROTHERS for "sports balls" [BROTHERS disclaimed]. In re P&P Imports LLC , Serial No.

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"MADE FOR YOU LAB-GROWN DIAMONDS" Fails to Function as a Trademark For Diamonds, Says TTAB

The TTABlog

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. The Trade Mark [sic] Act is not an act to register words but to register trademarks.

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‘Tis the Season to Be Descriptive

LexBlog IP

Given the commercial success associated with these two days each year, you may wonder whether “Black Friday” or “Cyber Monday” can be registered trademarks. A quick search of the USPTO database shows that “Black Friday” and “Cyber Monday” marks have been registered.

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Hark! The Herald Trademarks Sing: A Holiday Trademark Extravaganza

LexBlog IP

MR. CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. The USPTO refused to register A CHRISTMAS CAROL, alone, because the Examining Attorney determined that the mark was merely descriptive. 7057474).

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calling an accepted Rule 68 offer a judgment of infringement could be defamatory

43(B)log

This judgment of infringement comes nearly one year to the day after Crocs filed lawsuits against 21 companies alleging infringement of its registered trademark rights in its clog designs. … A Rule 68 offer of judgment does not require an admission of liability, which may be disclaimed.

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Can QR Codes be Trademarked?

Kashishipr

SIX Interbank Clearing AG, a major Swiss operator of payment platforms, filed a trademark application in Switzerland for registering the following sign in classes 35, 36, and 38: The application included a disclaimer that the cross used in the center of the sign would not be reproduced either in white on red background or in red on white background.