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  • Article

    On Remand, TTAB Denies Abandonment Claims But Finds That "ADD A ZERO" Fails To Function As A TM For Shirts And Caps

    On remand from the CAFC, the TTAB denied Petitioner adidas's claim that Respondent Church abandoned it marks ADD A ZERO (in standard character and design form)
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    PIRATE PISS For Beer Not Confusable With PYRAT For Rum, Says TTAB

    The Board dismissed an opposition to registration of PIRATE PISS for "beer, ale and lager," finding that confusion is not likely with the registered mark PYRAT for ""distilled spirits" (and PYRAT RUM for "rum").
    United StatesIntellectual Property
Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
  • Article

    Precedential No. 12: Finding Clothing And Books Related, TTAB Sustains 2(d) Opposition To ENGIRLNEER

    In an enervating but precedential ruling, the Board sustained a Section 2(d) opposition to registration of the mark ENGIRLNEER for "Cups; coffee cups, tea cups and mug;
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 12: TTAB Grants Petition To Cancel Registration For Gun Barrel Trade Dress Due To Section 2(e)(5) Functionality

    In an impressively exhaustive opinion, the Board granted a petition for cancellation of a registration for the trade dress of a gun barrel (see drawing below), on the ground of...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 13: TTAB Affirms Failure-To-Function Refusal Of UNLIMITED CARRYOVER For Telecommunication Services

    The Board affirmed the USPTO's refusal to register the term UNLIMITED CARRYOVER for telecommunication services, finding that the phrase,
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 14: Indefinite Recitation Of Services And Failure To Adequately Respond To Information Request Sink SHIFTMAG Application

    Applicant SICPA Holding SA ran into double trouble when it applied to register the mark SHIFTMAG for "security consulting in the nature of professional ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 2: TTAB Rejects Summary Judgment Motion Filed Three Days Too Late

    The Board denied Opposer Lumber Liquidator's request for reconsideration of the denial of its summary judgment motion because the motion was untimely.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 22: Failure To Plead Compulsory Counterclaim Leads To Claim Preclusion In Second Proceeding

    The Board granted in part a respondent's motion for summary judgment on the ground of claim preclusion, finding that petitioner Freki's claim of abandonment due to naked licensing was a compulsory counterclaim...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 24: RICHARD MAGAZINE Not Confusable With RICARDO For Related Services, Says TTAB

    Declining to apply the doctrine of foreign equivalents, the Board dismissed an opposition to registration of the mark RICHARD MAGAZINE for online services in the fields of fashion..
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 26: Claim Preclusion Inapplicable In Concurrent Use Proceeding After Cancellation Or Opposition Proceeding

    Applicant Haider Capital sought a concurrent registration for the mark SKIN DEEP for beauty salon and health spa services, naming registrant Skin Deep Laser as an excepted user.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 29: Multiple Colors Applied To Product Packaging Cannot Be Inherently Distinctive, Says TTAB

    In a case of first impression, the Board ruled that a color mark consisting of multiple colors applied to product packaging cannot be inherently distinctive.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 3: TTAB Refuses To Limit Goods In Cited Software Registration, Affirms Section 2(D) Refusal

    The Board affirmed a Section 2(d) refusal to register the mark shown below left, for "Computer application software for mobile phones and desktop computers, namely...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 32: TTAB Strikes Untimely Supplemental Expert Report

    In this 23-year old proceeding involving the mark COHIBA for cigars, the Board rejected a supplemental expert report submitted by respondent on the same day as its pretrial disclosures.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 33: TTAB Explains Safer Rule For Internet Evidence

    In this Section 2(d)/dilution opposition to registration of the marks BAD MOMS UNLIMITED and BAD MOMS BIBLE for audio books...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 34: "IFG" Fails To Function As A Trademark For Live Plants Because It's A Varietal Name

    The Board agreed with the applicant that IFG, by itself, is not the entire varietal name for applicant's identified goods.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 36: Claim Of Conjoint Use Not Pleaded And Not Tried By Consent, Says TTAB

    The Board dismissed this opposition to registration of the mark INNOVATION BREWING for beer...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 40: TTAB Denies Summary Judgment Motion On "Standing" Issues In PURISIMA Cancellation Proceeding

    In this proceeding seeking cancellation of a registration for the mark PURISIMA & Design for wine, Respondent Transcend moved for summary judgment on two grounds
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 5: Opposer Proves Standing Through Trade Name Use By Its Wholly Owned Subsidiary

    In this long-running battle over the mark CINGULAR for cell phones and related products, the Board bifurcated the issues so that it could first rule on whether opposer has standing...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 7: Finding Lack Of Bona Fide Intent, TTAB Sustains Opposition To MIRACLE ON 35th STREET

    I am delighted to see that the TTAB has given equal time to the White Sox, after making us read through that drivel about the Cubs finally winning the World Series after a 108-year drought.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Professor McCarthy: "Trademark Strength And Fame: The Federal Circuit Corrects The Trademark Trial And Appeal Board"

    In the latest issue of The Trademark Reporter, Professor J. Thomas McCarthy discusses the CAFC's ruling in the INSIGNIA case, Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Showing 901–920 of 1424 results

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