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  • Article

    Pitfalls When Seeking Judicial Review Of IPR Decisions: Standing To Appeal (Part 1 Of 3)

    Seeking judicial review of an IPR decision can be a trap for the unwary. Section 319 permits a "dissatisfied" party to appeal.
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Precedential No. 23: TTAB Refuses To Allow Withdrawal Of Express Abandonment Of Opposed Application

    TTAB Refuses to Allow Withdrawal of Express Abandonment of Opposed Application.
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Precedential No. 29: TTAB Dismisses Opposition To Section 1(b) Application, Ownership Is Not An Issue

    PAVE: Promoting Awareness, Victim Empowerment filed a Section 1(b) application to register the mark SafeBAE for "Providing emotional ...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Precedential No. 35: In A Real Snoozer, TTAB Rules On Several Discovery-Related Issues

    In a dubiously precedential Order, the ruled on several discovery-related motions in this opposition to registration of the mark GROMEO for "Planters for flowers and plants...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Printed Publications And Search Functionality – The Federal Circuit Weighs In

    On appeal of a PTAB decision finding all claims in a patent directed to compressing video files unpatentable, the Federal Circuit clarified two issues.
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Professor J. Thomas McCarthy Comments On The JUST DREW IT! Dilution Ruling

    Professor J. Thomas McCarthy has been critical of the TTAB's dilution decisions (few that there are), and he left a few comments on this blog regarding ...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    PTAB Left To Mitigate The Damage From Collateral Estoppel

    Collateral estoppel, or issue preclusion, is the legal doctrine that bars a litigant from re-litigating in subsequent litigations an issue that it lost in an earlier litigation.
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Recommended Reading: The Trademark Reporter, September-October 2021 Issue

    INTA has published the September-October, 2021 (Vol. 111 No. 5) issue of The Trademark Reporter (TMR). Willard Knox, Editor-in-Chief, summarizes the contents as follows...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Strategies For Patenting Artificial Intelligence Innovations In The Life Sciences

    Today, companies are developing artificial intelligence (AI) systems to meaningfully analyze the deluge of biomedical data. A substantial investment in building and deploying machine learning (ML)
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    The Billion-Dollar Design

    When most people think of patents, they naturally think of utility patents. Utility patents claim novel and non-obvious products and processes in words, occasionally using...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTAB Dismisses Petition For Cancellation: No Proof Of Relatedness Of Services Or Overlapping Trade Channels

    The Board dismissed this petition for cancellation of a registration for the marks MOSAYEC (standard characters) for "providing temporary use of a web-based software application for...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTAB Finds Two "MAGIC CITY" Logos Confusable For Overlapping Clothing Items

    The Board affirmed another Section 2(d) refusal, finding the mark shown first below, for "clothing, namely, shirts, hats, sweatshirts, shorts and sweatpants," likely to cause confusion...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTAB Posts December 2020 Hearing Schedule

    The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled two (2) oral hearings for the month of December 2020. Briefs and other papers for each case may be found at TTABVUE via the links provided.
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTAB Reverses Another Specimen Refusal: On Fourth Try, Webpage Specimen Suffices For CAPSIMOPS For Downloadable Software

    The Board reveresd a refusal to register the mark CAPSIMOPS for "Downloadable computer software for application and database integration in the educational field,"...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTAB Reverses Section 2(E)(4) Surname Refusal Of SIRON For Computer Software

    [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, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTAB Test: Are These Two Design Marks Confusable For T-Shirts?

    The USPTO refused registration of the mark shown below left, for "T-shirts," finding the mark likely to cause confusion with the mark shown below right, for "clothing, namely hats and shirts."
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTAB Test: How Would You Decide These Three Recent Section 2(d) Appeals?

    Here are three Section 2(d) appeals decided two days ago. Third-party use and registration evidence played a significant role in each case.
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTAB Test: Which Of These Three Section 2(d) Refusals Was Reversed? (Update)

    A TTAB judge once remarked that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services.
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTABlog Test: Are Candy (Class 30) And Liquor (Class 33) Related Under Section 2(d)?

    The USPTO refused to register the proposed mark SWEET GEORGIA BROWN for "liquor," finding confusion likely with the registered mark SWEET GEORGIA BROWNS for "candy."
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    TTABlog Test: Eight Section 2(d) Refusals (in Three Opinions), Two Refusals Reversed - Which Ones?

    Here are Board's three latest opinions in Section 2(d) appeals, involving a total of eight refusals (six in the second case).
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.

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