LexBlog IP

JANUARY 4, 2023

. (“Mystery Ranch” or “Opposer”) opposed registration of the DANA DESIGN mark based on an alleged false suggestion of a connection with Mystery Ranch and Dana Gleason, Mystery Ranch’s co-owner, under Section 2(a) of the Trademark Act, 15 U.S.C. § 91250565, 2022 USPQ2d 1151 (TTAB Nov. 30, 2022). .”

Registration 52

Registration Designs Design Trademark 52

Above the Fold

DECEMBER 30, 2022

The song has gained so much popularity since its release in 1994, that Carey sought to take it one step further by filing a petition with the Trial Trademark and Appeal Board (TTAB) to trademark the title “Queen of Christmas.” Chan’s opposition was based on the fact that she had already been dubbed as the “Queen of Christmas.”

Trademark 40

Trademark Trademark Requests Branding Brands 40

The TTABlog

FEBRUARY 2, 2022

The United States District Court for the District of Oregon reversed the Board's decision dismissing an opposition to registration of the mark M ANIMAL for a wide variety of clothing, including "children’s clothing." [ TTABlogged here ]. The TTAB had made that same finding in a different case involving that mark]. 3:20-cv-00623-IM (D.

Registration 40

Registration Advertising Advertising Branding 40

LexBlog IP

FEBRUARY 9, 2022

Both oppositions were sustained on Spotify’s dilution by blurring claim, with the TTAB not reaching Spotify’s likelihood of confusion or dilution by tarnishment claims. 2022 USPQ2D 37 (TTAB 2022). Basis of opposition. 114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. Spotify AB v. Software Inc.,

Television 40

Television Music Advertising Advertising 40

Above the Fold

JULY 26, 2021

In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of service of such discovery requests, regardless of the geographic location of the serving party. In Island, LLC v.

Government 52

Government Trademark Advertising Advertising 52

The TTABlog

AUGUST 30, 2023

Opposition No. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" SS Vape Brands, Inc.

Designs 57

Designs Design Branding Brands 57

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

The TTABlog

OCTOBER 3, 2022

Finding Applicant Salud Natural Mexicana's long period of nonuse of its mark EUCALIN for nutritional supplements to be excusable, the Board dismissed this Section 2(d) opposition because Opposer ARSA Distributing was unable to prove priority. 2022 USPQ2d 887 (TTAB 2022) [precedential] (Opinion by Judge Christen M.

Ownership 40

Ownership Litigation Registration Business 40

The TTABlog

OCTOBER 2, 2023

Section 2(a) - Deceptiveness: TTAB Deems "THE OFFICIAL WEBSITE OF JEKYLL ISLAND" Deceptive for Promoting Tourism and Recreation Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Mugs, Pastries, and Coffee Shops Related to Tote Bags and Shirts for Section 2(d) Purposes? Precedential No. TTABlog Test: Is "S!MPLY"

Reporting 62

Reporting Trademark Registration Designs 62

43(B)log

FEBRUARY 18, 2022

Lolita Darden, Stopping Zombie Company Trademark Abuse and Consumer Deception in Trademark Abandonment Cases Based on clinic work. Forum-shopping from TTAB/federal court; D secured transfer from Mass. A: False advertising context: FTC/state AGs. b/c standard for proving abandonment is not consistent through US.

Trademark 59

Trademark False Advertising Fair Use Branding 59

The TTABlog

JANUARY 5, 2022

2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. The TTAB dismissed the Olympic Committee’s opposition to registration of the mark PIERRE DE COUBERTIN for various goods in classes 3, 9, 14, 18, 25, and 28, including perfume, sunglasses, jewelry, luggage, clothing, and sporting goods. TTABlogged here ].

Registration 111

Registration Advertising Advertising Music 111

The TTABlog

JANUARY 2, 2024

34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Which of These Three Section 2(d) Refusals Was/Were Reversed? Fails to Function as a Trademark for Ornamental Novelty Pins, Says TTAB Precedential No. Precedential No. KEEP AMERICA GREAT! Guess What?

Registration 70

Registration Designs Design Reporting 70

The TTABlog

AUGUST 15, 2022

Branded, LLC , 2022 USPQ2d 742 (TTAB 2022) [precedential] (Opinion by Judge Marc A. Under Section 45 of the Trademark Act, a mark shall be deemed abandoned "[w]hen its use has been discontinued with intent not to resume use. Nor was there any evidence of advertising. 10 USPQ2d 1064, 1068 (TTAB 1989), aff’d , 892 F.2d

Registration 52

Registration Cease and Desist Branding Brands 52

The TTABlog

MAY 8, 2023

Unsurprisingly, the Board dismissed Professor Rebecca Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures, finding that Curtin, as a mere consumer of fairytale-themed products, failed to prove her entitlement to a statutory cause of action. Rebecca Curtin v, United Trademark Holdings, Inc.

Registration 40

Registration False Advertising Trademark Business 40

IP Intelligence

JULY 26, 2022

This is not so in the US, which has a very broad definition of what comprises a trademark in 15 U.S.C. Section 1127: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Registration 52

Registration Trademark Advertising Advertising 52

LexBlog IP

JULY 26, 2022

This is not so in the US, which has a very broad definition of what comprises a trademark in 15 U.S.C. Section 1127: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Registration 52

Registration Trademark Advertising Advertising 52

LexBlog IP

JUNE 13, 2023

Sadly, the story is the opposite for federal trademarks. NCG”) was denied federal registration for its trademarks: BAKKED and (collectively the “Marks”) by the United States Patent and Trademark Office (“USPTO”). The Trademark Trial and Appeal Board (the “Board”) in a precedential, i.e., binding opinion , said no.

Trademark 52

Trademark Registration Advertising Advertising 52

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. It will affect the TTAB. Dinwoodie and Janis taken out of context? But they can’t.

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Trademark Law Branding Brands 45