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UCL claim could be based on lost opportunity to register trademark

43(B)log

CasperLabs, LLC, 2023 WL 2415262, No. 8, 2023) Previous ruling. He now alleged that he was deprived “of his exclusive property and presumed nationwide rights in the CASPER Mark,” the benefits and advantages of federal registration, and the value of his unregistered mark. 21-CV-474 TWR (AHG) (S.D.

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CAFC Affirms TTAB Dismissal of Consolidated Cancellations Due to Lack of Entitlement to a Statutory Cause of Action

The TTABlog

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. 2023-1383 (Fed. registrations are cancelled, not marks - ed. ]. Luca McDermott Catena Trust v. Fructuoso-Hobbs SL , Appeal No. The CAFC agreed. [W]e

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Brand Owner Alert: New Social Media Platform Brings Opportunity and Potential Pitfalls

LexBlog IP

The new social media platform Threads was launched on July 5, 2023. As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants.

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Valentine’s Day: Trademark Filings & Tips to Protect Your IP

Corsearch

While the price of consumer goods continues to climb, Valentine’s Day spending in the US is still on course to reach $26 billion in 2023 [1]. The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2].

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Bob Cumbow: "The Most Important Trademark Fact You Probably Don’t Know"

The TTABlog

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. It's a fundamental principle of U.S.

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The order was temporarily stayed pending full authentication of the Colombian registrations.

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RAW power: over dissent, 9th Circuit orders trial on infringement, cancellation of TM applications

43(B)log

plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations. plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations.