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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. May 23, 2024) [Precedential]. The CAFC was therefore satisfied that the appellant met its burden as to Article III standing. 2023-1383 (Fed.

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Trade Mark Restrictions: The Limit of Monopoly on Common English Words

IP and Legal Filings

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction.

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EVERYBODY is VS RACISM, so the Mark Fails as a Source Identifier

LexBlog IP

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark. In re GO & Assocs., 2022-1961, 2023 U.S.

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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

SpicyIP

For a well-known trademark, range of protection extends to dissimilar goods and services as well. The extended protection is susceptible to misuse if owners of well-known trademarks enforce their rights against bona fide users too. On February 19, 2024 the petitioner’s mark was declared to be a well-known mark.

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The Supreme Court Limits the Extraterritorial Reach of the Lanham Act

LexBlog IP

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc. Read the opinion here.

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Recommended Reading: Michael P. Goodyear, "Queer Trademarks."

The TTABlog

In his article, "Queer Trademarks," Michael P. Goodyear, Acting Assistant Professor at New York University School of Law and Fellow at the Engelberg Center on Innovation Law Policy, provides an enlightening analysis of the impact of Matal v. Brunetti on the registration of trademarks that refer to LGBTQ+ persons.

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Delhi High Court grants injunction against ‘dialmytrip’ in MakeMyTrip India Private Limited v. Dialmytrip Tech Private Limited

SpicyIP

The matter is listed before the court on 22 March 2024. 316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”. Mr. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.”