2021 Advertising Copyright Service Mark 
The TTABlog
JUNE 21, 2021
Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. 91252489 (June 16, 2021) [not precedential] (Opinion by Judge Frances S. Welch 2021.
The TTABlog
DECEMBER 13, 2021
Applicant Suuberg made preparatory measures to use the mark but never rendered the services before her filing date. 88234650 (December 10, 2021) [precedential] (Opinion by Judge Albert Zervas). The CAFC declared that "an applicant’s preparations to use a mark in commerce are insufficient to constitute use in commerce.
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43(B)log
OCTOBER 4, 2021
Vining, 2021 WL 4344891, No. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. Not every word on a label or ad is a mark. LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. LStar didn’t plead its own trademark use.
43(B)log
SEPTEMBER 16, 2021
PureThink, LLC, 2021 WL 2483778, No. May 18, 2021) Neo4j specializes in graph database management systems. Doing so removed certain legal notices identifying Neo4j Sweden as the copyright holder and licensor, and removed the Commons Clause, effectively allowing Defendants to commercially use and support ONgDB.” Neo4j, Inc.
The TTABlog
JULY 16, 2021
The record consisted only of circumstantial evidence of abandonment; Equinix did not take the testimony of respondent regarding its use or nonuse of the mark, and respondent did not respond to Equinix's discovery requests. 92069714 (July 2, 2021) [not precedential] (Opinion by Judge Linda A. Text Copyright John L. Welch 2021.
The TTABlog
SEPTEMBER 23, 2022
Petitioner claimed that its restaurant had a "soft opening" in September 2014, with the mark THE HAPPIEST HOUR displayed on signage, but its evidence was "contradictory, inconsistent, and indefinite." Several press releases were issued at that time, but they did not constitute service mark use. Carson , 2021 USPQ2d 1057, at *21.
The TTABlog
SEPTEMBER 15, 2021
the degree of purchaser care) and the dissimilarity of the marks" outweighed the other DuPont factors. 91225279 (September 10, 2021) [not precedential] (Opinion by Judge Marc A. Second, the representative samples of Opposer’s advertising focus on the CME GROUP mark and CME GROUP logo, not the NYMEX mark.
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