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Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions

Patently-O

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. In order to qualify for federal trademark registration under the Lanham Act, a mark must be able to function as a source identifier. 140 (2023).

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Federal Circuit on TM Law’s Information Matter Doctrine

Patently-O

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. The court found substantial evidence supported the TTAB’s conclusion that the slogan fails to function as a source identifier for the applicant GO & Associates’ goods and services. The opinion here is more nuanced.

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At USPTO's Request, CAFC Re-designates as Precedential Its EVERYBODY VS RACISM Failure-to-Function Affirmance

The TTABlog

14, 2023, re-designated as precedential, January 22, 2024). The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) The TMEP is not the law - ed. ]. 2579 (2023)).

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CAFC Affirms TTAB: "EVERYBODY VS. RACISM" Fails to Function as a Source Indicator for Bags, Clothing, and Public Interest Services

The TTABlog

14, 2023) [not precedential]. The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) The TMEP is not the law - ed. ]. 2579 (2023)). Welch 2023. 2022-1961 (Fed.

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Beyond the Big Screen: The Legal Odyssey of Film Titles in India

IP and Legal Filings

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. These registrations aid in allocating precedence. The problems arises that mere registration is not enough to grant legal protection, which is why the copyright becomes a necessity.

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