The TTABlog

AUGUST 24, 2022

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

Service Mark 52

Service Mark Designs Design Social Media 52

The TTABlog

JANUARY 17, 2024

California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. It included evidence regarding use of that mark with the bank name. Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks.

Designs 67

Designs Design Registration Service Mark 67

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. Not every word on a label or ad is a mark. False designation of origin: Failed to state a passing off claim, but Dastar didn’t bar a reverse passing off claim. What about injury? “[H]ere

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

SEPTEMBER 16, 2021

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

The TTABlog

FEBRUARY 22, 2022

“become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Its intent that the phrase function as a service mark is irrelevant. Text Copyright John L. Welch 2022.

Service Mark 76

Service Mark Advertising Advertising Registration 76

IP and Legal Filings

JUNE 14, 2023

A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name. This is created through personal contact with the client in connection with the use of services or products, contact with sales or client support, or through brand communication (marketing).

Marketing 52

Marketing Marketing Intellectual Property Branding 52

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement.

Artwork 96

Artwork Trademark Publishing Marketing 96