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ARTICLE · 19 JUNE 2019

Cellphone Cases Or Capsules

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Is the term CAPSULE descriptive of cellphone cases? Based on a recent decision in Uncommon, LLC v. Spigen, Inc., the Seventh Circuit certainly thinks so.

United StatesIntellectual Property

Is the term CAPSULE descriptive of cellphone cases?  Based on a recent decision in Uncommon, LLC v. Spigen, Inc., the Seventh Circuit certainly thinks so.

Competitors Uncommon, LLC and Spigen, Inc. sold cellphone cases under the mark CAPSULE through online retailers and their own websites.  In 2012, Uncommon filed a federal trademark application for CAPSULE, which ultimately registered.  A couple of years later, Spigen also filed applications for CAPSULE-formative marks, some of which registered as well (for most of those marks, the USPTO considered the term "capsule" to be descriptive).

Uncommon sued Spigen for trademark infringement, and Spigen countersued, seeking to cancel Uncommon's registration.  Finding that CAPSULE was descriptive of cellphone cases, the Illinois district court granted summary judgment in favor of Spigen and cancelled Uncommon's registration.  To add salt to the wound, the court also found that there was no likelihood of confusion between

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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