LexBlog IP

DECEMBER 19, 2023

” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No. We wonder if MR. HANUKKAH or HANNAH have met the newcomer, HANUKKAH VERONICA THE MITZVAH FAIRY, registered in August 2023 (Registration No. 5905518).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

43(B)log

OCTOBER 24, 2023

Marshall, 2023 WL 6963661, No. 20, 2023) In 1991, Reed and defendants Marshall and Harris formed the recording group Jade, and in 1992 they signed an exclusive recording agreement with a now-defunct label, Giant. H-21-3942 (S.D. This reasoning also disposed of contributory/vicarious infringement claims against Marshall and Harris. §43(a)

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The TTABlog

JUNE 1, 2023

The Board upheld the USPTO's refusals to register the two proposed marks shown below, for "hotel services; provision of conference, exhibition, and meeting facilities," finding that the building designs are not inherently distinctive and lack secondary meaning. In re Palacio Del Rio, Inc. Serial Nos.

Designs 52

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LexBlog IP

SEPTEMBER 11, 2023

In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. 97115036 (August 28, 2023). Color was not claimed as part of the mark. [1] 15 U.S.C. §

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Patently-O

JANUARY 26, 2024

2023/2024) In a non-precedential 2023 decision, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) refusing to register “ Everybody vs Racism ” as a trademark for apparel, tote bags, and services promoting racial justice advocacy. In re GO & Associates , 22-1961 (Fed.

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Registration Trademark Service Mark Trademark Law 62

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Chapter 2, authored by David Musker, considers the overlaps between patents and designs.

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The TTABlog

JANUARY 23, 2024

e), the CAFC has re-designated as precedential its opinion in In re GO & Associates, LLC , Appeal No. 14, 2023, re-designated as precedential, January 22, 2024). 2579 (2023)). It pointed out that in Elster there was no issue as to whether the proposed mark TRUMP TOO SMALL functioned as a source identifier.

Designs 62

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Patently-O

NOVEMBER 17, 2023

13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark. The threshold determination is whether the public perceives the mark as a source identifier rather than an informational message or sentiment. .” 140 (2023).

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