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  • Article

    TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

    Here are three very recent TTAB decisions in Section 2(d) appeals, decided on the same day. I'm not giving any hints
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?

    Here are three very recent TTAB decisions in Section 2(d) appeals, decided on the same day. I'm not giving any hints, so you're on your own.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
  • Article

    TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?

    September 30th was the last day of the USPTO fiscal year. Here are three of the five TTAB decisions issued on that day in Section 2(d) appeals.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: Which One Of These Three Section 2(d) Refusals Was Reversed?

    A (currently serving) TTAB Administrative Trademark Judge once said to me that one can predict the outcome of a Section 2(d) appeal 95%
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Another TTABlog Test: Which Of These Three Section 2(d) Refusals Was/Were Reversed?

    This week, the TTAB decided the appeals from the three Section 2(d) likelihood of confusion refusals summarized below. ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Applying Doctrine Of Foreign Equivalents, TTAB Finds GUEPARDO And CHEETAH Confusingly Similar For Vehicle Wheels And Tire Equipment

    [This guest post was written by Kira-Khanh McCarthy, a rising-3L at University of Notre Dame Law School.]
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Are Fruit-Based Beverages Related to Nutritional Supplements?

    The cited mark could be depicted in the same stylization as applicant's mark.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Affirms TTAB: ETHIK CLOTHING CO. & Design Confusable With ETHIKA For Clothing

    In a nonprecedential disposition, the CAFC upheld the TTAB's decision [pdf here] granting a petition for cancellation of a registration for the mark ETHIK CLOTHING CO. & Design for various clothing items.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Affirms TTAB: MAGNESITA Is Generic For .... Guess What?

    In a nonprecedential ruling, the U.S. Court of Appeals for the Federal Circuit affirmed the TTAB's decision (here) upholding a refusal to register the term MAGNESITA for refractory bricks and related products, ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Affirms TTAB: Reelex Tangle-Free Cable Box Is Functional Under Section 2(e)(5)

    In a non-precedential opinion, the CAFC upheld the Board's decision affirming a Section 2(e)(5) functionality refusal of of the packaging designs shown below for "electric cables and wire.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Denies Rehearing, Slightly Modifies Brooklyn Brewery Opinion; Professor McCarthy Not Impressed

    On January 18, 2022, the CAFC denied Appellant Brooklyn Brewery's petition for panel rehearing and rehearing en banc in the recent Brooklyn Brewery case.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Rules That The USPTO Is Not Entitled To Expert Witness Fees In A Civil Action For Review Of A PTAB Decision. What About The TTAB?

    You will recall that in Peter v. Nantkwest, the Supreme Court unanimously upheld an en banc decision of the CAFC, ruling that the USPTO is not entitled to recover its attorney's fees...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Upholds TTAB: Affirms Order For Cancellation Of MOBILEBLACKBOX Registration For Audio Speakers On The Ground Of Nonuse

    In a brief, nonprecedential opinion, the CAFC affirmed the TTAB's decision of November 23, 2018 (pdf here) granting a petition for cancellation of a registration for the mark MOBILEBLACKBOX...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Vacates And Remands Guild Mortgage Decision: TTAB Failed To Consider 8th DuPont Factor

    The CAFC vacated the TTAB's decision affirming a Section 2(d) refusal of the mark GUILD MORTGAGE COMPANY & Design for "mortgage banking services.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Vacates And Remands TTAB's IBKÜL Decision: The KÜHL Registration It Relied On Was Cancelled

    In its decision (here) finding likelihood of confusion between the mark IBKÜL (stylized) and the mark KÜHL, both for clothing items, the Board considered only one of four of Alfwear's registered marks.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    District Court Dismisses PRETZEL CRISPS Section 1071(b) Appeal For Lack Of Subject Matter Jurisdiction

    The U.S. District Court for the Western District of North Carolina dismissed Princeton Vanguard's civil action seeking review of the TTAB's September 6, 2017...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    E.D. Pa. Dismisses PELOTON Complaint For Review Of TTAB Decision Due To Lack Of Personal Jurisdiction

    Peloton Cold Brew filed a civil action for review of an adverse TTAB decision, under Section 1071(b) of the Trademark Act. [Complaint here]. The Board had entered judgment against Cold Brew as a discovery sanction [here],...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    E.D. Va. Upholds TTAB Dismissal Of SHUSTOV Cancellation Petition: Registrant Overcame Prima Facie Case Of Abandonment

    The United States District Court for the Eastern District of Virginia (Judge Liam O'Grady) affirmed the TTAB's decision of January 20, 2020, dismissing a petition for cancellation of a registration of the mark SHUSTOV & Design …
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Erik Pelton Reports On The July 26, 2018 TPAC Meeting

    Fellow Meet-the-Blogger Erik Pelton once again provides a report (here) on the latest meeting of the Trademark Public Advisory Committee (a/k/a TPAC).
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Federal Circuit Rules That BPCIA Preempts State Law

    Last week, the Federal Circuit issued its opinion on remand in Amgen Inc. v. Sandoz Inc., holding that the Biologics Price Competition and Innovation Act of 2009 (BPCIA)...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Showing 261–280 of 1424 results

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