LexBlog IP

FEBRUARY 8, 2022

The Federal Circuit found that substantial evidence supported the Board’s finding that consumers will perceive.SUCKS only as a non-source identifying part of a domain name and not as a service mark.

Service Mark 52

Service Mark Registration Designs Design 52

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v.

Artwork 96

Artwork Trademark Publishing Marketing 96

The TTABlog

OCTOBER 10, 2023

Applicant manufactures, advertises and sells, under the stylized HME mark, goods that opposer previously sold, to customers who previously were opposer’s customers in the United. The Marks: The Board found the involved marks to be similar in appearance, sound, connotation and commercial impression.

Marketing 72

Marketing Marketing Ownership Registration 72

Indiana Intellectual Property Law

AUGUST 18, 2021

Because several of the getGo® Marks have been in use continuously since at least 2003, and Plaintiffs apparently complied with all further requirements, they are incontestable under 15 U.S.C. Further, Giant Eagle claims it has spent millions of dollars to advertise and promote its services using the getGo® Marks.

Trademark 52

Trademark Service Mark Registration Designs 52

The TTABlog

DECEMBER 20, 2022

The Board, however, had no doubt that HUMAN DATA MARKETPLACE is merely descriptive because it "immediately conveys knowledge of a quality, feature, function, or characteristic of Applicant’s online marketplace and platform featuring data assets."

Service Mark 64

Service Mark Advertising Advertising Licensing 64

Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. Copyright Office, after what amounts to a much lighter review process. See also: RC Cola, Polar Cola, Jolt!—and and so on. )

Trademark 94

Trademark Government Copyright Service Mark 94

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

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

IP and Legal Filings

JANUARY 4, 2022

The Nice Agreement, concluded at Nice in 1957, revised at Stockholm in 1967 and at Geneva in 1977, and amended in 1979, establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification).

Intellectual Property 52

Intellectual Property Registration Music Designs 52

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

The TTABlog

JUNE 1, 2023

The Board upheld the USPTO's refusals to register the two proposed marks shown below, for "hotel services; provision of conference, exhibition, and meeting facilities," finding that the building designs are not inherently distinctive and lack secondary meaning. In re Palacio Del Rio, Inc. Serial Nos.

Designs 52

Designs Design Advertising Advertising 52

IP and Legal Filings

SEPTEMBER 21, 2021

This implies that the configuration and arrangement of shapes, designs, colors, materials that form the trade dress will not be protected if it serves a utilitarian purpose. The Lanham Act, also known as the Trademark Act of 1946 is the US Federal Statute that regulates trademarks, service marks, and unfair competition.

Law 52

Law Branding Brands Branding 52