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TTAB Affirms Mere Descriptiveness Refusal of SPICED CHAI for Tobacco

The TTABlog

88437933 (April 19, 2024) [not precedential] (Opinion by Judge Thomas L. The evidence submitted by Examining Attorney Robert Guliano "overwhelmingly" showed that Fumari and the media refer "descriptively to SPICED CHAI as one of Applicant’s tobacco flavors." Welch 2024. In re Fumari, Inc. Casagrande). TTABlogger comment: WYHA?

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TTABlog Test: Are Backpacks, Wallets, and Purses Related to Cake Under Section 2(d)?

The TTABlog

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. As to the strength of opposer's registered mark, two third-party registrations for non-food items were insufficient to dent the commercial strength of SUZY Q'S, and there was no evidence of use in the marketplace of SUZY or SUZY Q’S with cake. Welch 2024.

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TTAB Says "No Dice" to Opposer's Claim of Functionality of Dice Box Configuration

The TTABlog

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. 91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A.

Designs 57
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Charter of the French Language

LexBlog IP

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. The Canadian Trademarks Office is experiencing significant delays and it is difficult to obtain a registration in less than 3 years.

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Show the pictures to your clients and say “this is descriptive fair use”: Solid 21 v Breitling (2d Circuit RED GOLD)

LexBlog IP

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. Text of Solid 21 v Breitling, 22-366 (2d Cir March 14, 2024). From the decision: “Left untouched, pure gold is yellow.

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The Importance of Trademark Protection When Copyrighted Works Enter the Public Domain

Corsearch

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, why aren’t Disney concerned? Steamboat Willie, released in 1928, was the first story to feature beloved Disney character Mickey Mouse.

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where cross-examination exposes lack of TM confusion, out-of-court confusion "evidence" becomes less credible

43(B)log

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther.