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Top Trademark Trends of 2022

Erik K Pelton

Here are the biggest trademark stories of 2022 that we have been following at EMP&A. And the number of active trademark registrations in the USPTO database is larger than ever. All Mariah Carey wanted for Christmas was a trademark registration. The application was initially approved and published for opposition in June 2022.

Trademark 130
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Scammers Exploit EU’s Website to Advertise ‘Pirate’ Sites

TorrentFreak

As it turns out, scammers have started to abuse the European Commission’s official website to advertise dubious ‘pirate’ sites. These advertisements come in the form of PDFs which are uploaded through public EU portals. How many people fall for these dubious advertisements is unknown.

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Amazon escapes liability for its Brand Registry advertising

43(B)log

He sent two letters by mail in March 2022, but was told he needed to use the Brand Registry … which he had already done. Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” Since the designs were not plainly dissimilar, infringement was plausible. Motion to dismiss granted.

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false advertising doesn't get around Dastar without some direct statements

43(B)log

3d -, 2022 WL 10551564, No. 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. But at least one copyright was allegedly timely registered as part of a group (the “at least one” signals why group registrations can be troubling—the court doesn’t yet know what was in the group).

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Falsely advertising "ghost guns" as legal in NY is actionable

43(B)log

Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.”

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TTAB Orders Cancellation of UBANK Registration for Banking Services, Rejects Laches Defense and Suggested Geographical Carve-Out

The TTABlog

Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense.

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copying competitor's website & reviews creates (c), TM, false advertising problems

43(B)log

1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. Boston Carriage, Inc. Boston Suburban Coach, Inc., Boston Suburban is a competitor.