LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

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LexBlog IP

NOVEMBER 1, 2023

Last week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point — gave up its “Taco Tuesday” trademark in New Jersey, in favor of resolving a legal dispute with Taco Bell. For more on the dispute and quotes from Gregory Gregory (yes, that’s his real name), see here.

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The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied]. Intermed Comms.,

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Service Mark Registration Licensing Advertising 67

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

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The TTABlog

OCTOBER 6, 2023

The parties to this cancellation proceeding opted to litigate the case under the Accelerated Case Resolution (ACR) regime. Cancellation Nos. Petitioner did not challenge any of the evidence showing display of the RASCAL HOUSE marks on Jerry's Deli menus and on advertising while the RASCAL HOUSE restaurants were operating.

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Branding Brands Branding Advertising 67

Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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43(B)log

SEPTEMBER 7, 2021

Chunma’s motion to dismiss the cancellation claims was denied. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone.

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The TTABlog

DECEMBER 8, 2022

In an exhaustive 107-page opinion, the Board granted petitions for cancellation of two registrations on the Supplemental Register for the color pink applied to the entire surface of hip joint implants, on the ground of Section 2(e)(5) functionality. CeramTec GmbH , Cancellations Nos. C5 Medical Werks, LLC v.

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The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Cancellation No.

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SpicyIP

OCTOBER 27, 2023

Example: When opt-out/ unsubscribing services are hidden or require multiple steps to arrive at the cancellation page. Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement.

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The TTABlog

AUGUST 3, 2022

Pet Go Round of Greensboro , Cancellation No. The Otto Roth rule is applicable to trademark registration cancellation proceedings as well. Natural Dog Acquisition LLC v. 92074028 (August 2, 2022) [not precedential] (Opinion by Judge Albert Zervas). Respondent established a first use date of December 2013. Universal Foods Corp.,

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IP Law 360

AUGUST 3, 2021

The Eleventh Circuit has partially revived an Illinois-based marketing and advertising company's trademark fight with a Florida-based business that has a similar name, finding a lower court jumped the gun in canceling the Prairie State company's registrations.

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Advertising Advertising Registration Marketing 40

43(B)log

SEPTEMBER 6, 2021

Is that true for false advertising plaintiffs? A jury found defendants liable for false advertising through a purportedly unbiased, independent site. The district court acted within its discretion in doing so, and properly cancelled the damages phase of the jury trial because no other witness had been disclosed on damages.

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The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Cancellation No. And so, the Board granted the petition for cancellation. It all boiled down to the first DuPont factor.

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The TTABlog

JUNE 29, 2022

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) 88453313 [Refusal to register ResponsiveAds for advertising, marketing and promotional services and for marketing software, on the ground of mere descriptiveness and lack of acquired distinctiveness.] Cancellations Nos. The hearings will be held via video conference.

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The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. Cancellation No. Derma Pen IP Holdings LLC , Cancellation No. Eight of the hearings will be held via video conference; the last one will be in person. January 12, 2023 - 2 PM: Ultrasun AG v.

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Registration Advertising Advertising Designs 57

The IPKat

NOVEMBER 24, 2022

The DPMA cancelled the registration of “Black Friday” due to lack of distinctiveness. It however cancelled the trademark for those services of Class 35, which are related to trade of electrical and electronic goods and for their advertising. The trademark was remained valid in Classes 9 and 41, and in part of Class 35.

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Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

Preparation/ Filing of Trademark Application (s/18 of the Trademarks Act, 1999). Description of the Trademark-. Date of Adoption of the Trademark. Date of Adoption of the Trademark. Examination of Trademark Application. In this stage, the Examiner in the Trademark Registry will examine the application.

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Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”).

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43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked?

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False Advertising Trademark Registration Advertising 87

LexBlog IP

OCTOBER 4, 2022

In a precedential decision issued in September, the Trademark Trial and Appeal Board (“TTAB”) denied a cancellation filed by JNF LLC (“JNF”) against Harwood International Inc. (“Harwood”). JNF sought cancellation of the Harwood registration based on alleged prior use and a likelihood of confusion.

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Registration Trademark Advertising Advertising 52

The IPKat

DECEMBER 14, 2023

Stephen further stated that he was in the process of registering the word for advertising and media business with the aim of providing marketing, branding, and related services, there was a lot of interest in the possibility of registering such a term. Should it not be the chant that may be copyright-protected as a musical work?]

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IP Service Mark Cease and Desist Registration 83

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. Banksy Case: registration of a trademark in bad faith and the price of anonymity. How do you protect a website?

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Blogging IP Advertising Advertising 52

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

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Branding Brands Branding Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 8, 2021

Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation. MIP ’s independent research is based on a weighted system of peer and client feedback, combined with a review of information obtained from surveys conducted with law firms and their clients.

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Intepat

DECEMBER 4, 2023

Introduction In the ever-shifting landscape of the digital era, the surge in domain name registrations has given rise to a critical challenge— domain name disputes, particularly those entangled with cyber squatting and trademark infringements. Nationally or regionally registered trademarks automatically confer standing for filing a UDRP case.

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SpicyIP

MARCH 13, 2023

The court then emphasized the importance of prior use of the mark by a party and held that “ the rights of a prior user of a trademark are legally superior and take precedence over those of a registered proprietor who obtained registration later.” Case: Burger King Corporation v. Ranjan Gupta & Ors.

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LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. misuse of their trademarks when drafting license or distribution agreements with non-U.S. Rothschild is appealing.

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IPilogue

OCTOBER 6, 2021

After many years and multiple attempts , the organizers of this spectacular funfair have finally trademarked the term “ Oktoberfest.”. The Uphill Battle of Trademarking the Term “Oktoberfest”. Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected.

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IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark.

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The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. 17: TTAB Dismisses ADVENTIST Cancellation Petition Due to Failure to Maintain "Standing" Turn Back the Clock!

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The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic.

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SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

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Trademark Registration Copyright Patent 59

IP and Legal Filings

NOVEMBER 2, 2021

The trademark dispute between Olympic and Retrolympic was a bit interesting owing to the dispute about the likelihood of confusion between the competing marks. The marks are Retrolympic and IOC trademark ‘Olympic.’ The Federal Supreme Court rules that the German Olympic Protection Act provides special trademark protection for Olympia.

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The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." Emphasis by the Board).

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LexBlog IP

MAY 30, 2023

Taco Bell — infamously known for their late-night hours and cheesy goodness, has recently filed a petition with the US Patent and Trademark Office to cancel the trademark “Taco Tuesday,” used by their rival chain company Taco John’s for the last 34 years.

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The TTABlog

FEBRUARY 2, 2022

Reviewing de novo the TTAB record as well as substantial additional evidence, the court granted the plaintiffs' motion for summary judgment on its cause of action for review under Section 1071 of the Trademark Act. Moreover, the owner of the famous mark has successfully canceled several other marks [sic] which use the same suffix.

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