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In a Unanimous Decision, TTAB Dismisses SPLIT DECISION Opposition: Billy Stott Failed to Prove Ownership of the Band Name

The TTABlog

Stott began to "manage" the band SPLIT DECISION two years after it was formed, and claimed to be a "full, non-performing primary band member," but there was no agreement regarding ownership of the band's name. The group owns the service mark. Streetwise Records , and the CAFC's Lyons decision, the Board sided with the applicant.

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Precedential No. 22: TTAB Grants Petition to Cancel CHENOA FUND Registration for Mortgage Services Due to Non-Ownership

The TTABlog

An application filed by one who is not the owner of the mark is a "void application." In deciding the issue of ownership, the Board was guided by Lyons v. The fact that TMRR created the mark two years earlier and "promoted the mark" in seeking an entity that would offer the services does not mean it owned the mark.

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TTAB Decides Ownership Dispute Over THE COWBOY ARMS HOTEL AND RECORDING SPA for Recording Studio Services

The TTABlog

In an ownership dispute that "has the makings of a country song," the Board found that legendary country singer Cowboy Jack Clement and Opposer Clementvision, Inc., a company he formed, owned the mark THE COWBOY ARMS HOTEL AND RECORDING SPA for approximately 38 years before Cowboy Jack passed away in 2013.

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TTABlog Quarterly Index: July - September 2022

The TTABlog

No] Section 2(f) - Acquired Distinctiveness: Lotus-Shaped Acupressure Mat Product Design Lacks Acquired Distinctiveness and Fails to Function as a Service Mark Precedential No. Abandonment: Precedential No. 18: TTAB Denies LAGUNA CANDLES Cancellation Petition, Finding Acquired Distinctiveness and No Claim Preclusion Precedential No.

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Cybersquatting – A Menace in Digital India

Biswajit Sarkar Copyright Blog

It can be done under the following grounds: -the Registrant’s domain name is identical to or similar to a name, trademark, or service mark in which the Complainant has ownership; -the Registrant has no entitlement or legitimate interests in the web domain; and. Plaintiffs should be able to seek statutory damages.

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Protection of Trademarks in Philippines

IP and Legal Filings

Foreign applicants not domiciled or having no real and effective commercial establishment in the country must have a resident representative who shall be served with notices or processes in proceedings affecting the mark. Collective marks may be registered and are treated as ordinary trademarks for the purposes of substantive examination.

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Precedential No. 29: After an Exhausting 2(d) Analysis, TTAB Finds HME (Stylized) Confusable with KME for Building Products

The TTABlog

The Board found opposer's mark to be "inherently distinctive and conceptually strong, of average commercial strength." And the parties’ market interface weighed slightly in favor of opposer "to the extent the parties acknowledged a need for Applicant to choose a non-confusingly similar mark."