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  • Article

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

    As of one week ago, the Board had considered 29 appeals from Section 2(d) refusals this year and affirmed every one of them.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

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

    Yesterday's SWEET GEORGIA BROWN case brought the TTAB's shutout streak for 2022 to 37 affirmances of Section 2(d) refusals without a reversal.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
  • Article

    13th DuPont Factor (Prior Registration) Saves AXION From Section 2(d) Refusal Over AXEON LABS For Clothing

    The Board reversed a Section 2(d) refusal to register the mark AXION (in standard character form) for "Belts for clothing; Footwear; Headwear; Hoodies; Shirts; Shoes; Shorts; Socks; Sweatshirts...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Although "WIRED" Magazine Lacks Dilution Fame, TTAB Sustains Section 2(d) Claim Against WIRED For Clothing, But Not For Fitness Services

    Citing Professor McCarthy's view that that a threshold response in the range of 75% of the general consuming public is necessary to prove fame for purposes of dilution...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Podcast

    At The Intersection Of Biotech And AI With Janice Vatland (Podcast)

    Artificial intelligence is transforming biotechnology and life sciences, creating new opportunities and complex intellectual property challenges.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    "COPPER 88" Merely Descriptive Of Clothing Made Of Fabric Containing Copper, Says TTAB

    The Board affirmed a Section 2(e)(1) refusal to register the mark COPPER 88, in standard character form, finding it to be merely descriptive of "clothing made of fabric containing copper, namely...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Crowded Field Of Third-Party Registrations And Uses Leads To TTAB Reversal Of "MATCH STUDIO" Over "MATCH" For Clothing

    The Board reversed a Section 2(d) refusal to register the mark MATCH STUDIO for "clothing, namely, tops and bottoms," finding confusion not likely with the registered marks MATCH in standard character and design form for overlapping clothing items.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    District Court Grants Stay Of Recently-Filed Infringement Suit In Favor Of TTAB Proceeding Nearing Completion

    The United States District Court for the Northern District of Georgia granted Defendant HMW's motion to stay Primerica's civil action pending resolution of a TTAB cancellation...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Divided CAFC Panel Reverses TTAB: NAKED Condom Petitioner Has Standing Despite Contractual Estoppel

    The U.S. Court of Appeals for the Federal Circuit has reversed (and remanded) the TTAB's decision dismissing a petition for cancellation of a registration for the mark NAKED for condoms.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Divided TTAB Panel Finds "19 CRIMES" Merely Descriptive Of Videos And Entertainment Services

    A divided TTAB panel affirmed a Section 2(e)(1) refusal of the mark 19 CRIMES, finding it merely descriptive of video and audio works...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    E.D. Va. District Court Upholds TTAB Decision Finding "GRUYERE" Generic For Cheese

    In a convincing opinion, the United States District Court for the Eastern District of Virginia has upheld the Board's decision [TTABlogged here] finding the term GRUYERE to be generic for cheese...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Podcast

    Episode 55: Michele Moresco On The Transformational Potential Of Photonics (Podcast)

    Photonics is rapidly evolving from an academic discipline into a major industrial force, requiring companies to strategically manage their intellectual property. This discussion explores how photonics companies can leverage thoughtful patenting, trade secret protection, and litigation readiness to succeed in this competitive and fast-moving field.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    FEYONCE Confusable With BEYONCE' And YONCÉ For Clothing, Says TTAB

    The Board affirmed a refusal to register the mark FEYONCE for various clothing items, finding a likelihood of confusion with the registered marks BEYONCE' and YONCÉ for overlapping clothing items.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    GOYA Fails To Submit Evidence On Time, TTAB Dismisses Opposition To GOLA FOODS For Health Food Supplements

    The Board dismissed this Section 2(d) and 43(c) opposition to registration of the mark GOLA FOODS for "health food supplements" because opposer Goya Foods failed to submit its evidence on time.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    "INVENTORY IS EVIL" Fails To Funtion As A Trademark For Business Consulting Services, Says TTAB

    Another proposed mark ran into the TTABrick wall known as the failure-to-function refusal. The Board affirmed a refusal to register the phrase INVENTORY IS EVIL as a service mark...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    MAMA BEAR Fails To Function As A Trademark For Clothing, Says TTAB

    The TTAB upheld yet another failure-to-function refusal, this time for the proposed mark MAMA BEAR for various clothing items
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    M.D. Florida District Court Upholds TTAB Decision Affirming Section 2(d) Refusal Of VIVE HEALTH For Retail Medical Suply Services

    On cross-motions for summary judgment in this civil action for review under Section 1071(b) of the Trademark Act, the U.S. District Court for the Middle District of Florida upheld the TTAB's...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    M.D. Florida Finds Dog Bone-Shaped Dock Connector Functional, Grants Judgment On The Pleadings Denying Trade Dress Claim

    Plaintiff E-Z Dock's expired utility patent [pdf here] sunk its claims of trade dress infringement and unfair competition based on alleged trademark rights in a dog bone-shaped floating dock connector.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    On Second Remand From CAFC, TTAB Denies Fraud Claim In GALPERTI Cancellation Proceeding

    In the long-running Galperti case (9 and 1/2 years), after two appeals to the CAFC resulted in remands, the TTAB has dismissed Galperti-USA's petition for cancellation of a registration for the mark GALPERTI for "ironmongery."
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 13: TTAB Denies Motion To Strike Pre-Trial Disclosures Of Authenticating Witnesses

    The Board denied Opposer Kate Spades's motion to strike Applicant's pretrial disclosures and to exclude three subsequently-filed testimony declarations ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Showing 781–800 of 1424 results

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