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Top Trademark Trends of 2022

Erik K Pelton

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130
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using an ITU to get non-Amazon platforms to take down competitors

43(B)log

The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing. He failed to allege a “valid, protectable trademark.”

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lawyer doesn't make use in commerce by negotiating for client

43(B)log

Yu, 2021 WL 1518993, No. 16, 2021) Big Ligas is owned by three members equally: Daniel Echavarria, also known as Ovy; Christian Andres Salazar; and Paulo Londra. She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. False advertising: “That Ms.

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survey evidence disregarded in another vanilla case

43(B)log

2021 WL 518021, No. 11, 2021) ShopRite sells organic vanilla soymilk. Comment: trademark law bounces rather casually between normative and empirical understandings of the reasonable consumer. These cases provide great evidence that false advertising law does so as well.] Shop-Rite Supermarkets, Inc.,

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Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

Technology & Marketing Law Blog

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Yes, this was a 2021 decision. 2021 WL 5936974 (C.D. More Posts About Keyword Advertising.

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When Do Inbound Call Logs Show Consumer Confusion?–Adler v McNeil

Technology & Marketing Law Blog

In this ruling, the magistrate recommends against granting summary judgment to Adler on the trademark claims, likely sending the case to trial. Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

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Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

Technology & Marketing Law Blog

It’s 2021 FFS. The court summarizes the applicable legal standard: We agree with Southwest Recreational, the Ninth Circuit opinions, and the treatise author [McCarthy] that in the context of internet searches and search-engine advertising in particular, the critical issue is whether there is consumer confusion. Adler, P.C.