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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. The actionable alleged misrepresentation is that defendant performed the relevant services.

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Precedential No. 22: TTAB Grants Petition to Cancel CHENOA FUND Registration for Mortgage Services Due to Non-Ownership

The TTABlog

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. 92076723 (August 15, 2022) [precedential] (Opinion by Judge Michael B. Welch 2022.

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Africa IP highlights 2023: Trade marks

The IPKat

Today, it’s about the trade marks. February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. Katpost on the decision here.

IP 83
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"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

The TTABlog

91237315 (February 17, 2022) [not precedential] (Opinion by Judge Christen M. become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Would you have applied for registration?

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SUCKS’ Luck Sucks: Federal Circuit Affirms Refusal to Register.SUCKS for Failure to Function

IP Intelligence

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , The examining attorney and the Board refused registration of both versions for failure to function as a mark. an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS.

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SUCKS’ Luck Sucks: Federal Circuit Affirms Refusal to Register.SUCKS for Failure to Function

LexBlog IP

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , The examining attorney and the Board refused registration of both versions for failure to function as a mark. an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS.

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Precedential No. 26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use

The TTABlog

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. TMEP Section 903.06 (2022). Emphasis by the Board).