TTAB sustains opposition based on reputation without use in the United States -
UNITED STATES OF AMERICA Legal updates: case law analysis and intelligence -
The opponent, owner of Venezuelan company La Montserratina,...more
In Airbnb Inc v Seth Bolt and Victoria Bolt, the Trademark Trial and Appeals Board (TTAB) ruled in favour of opposer Airbnb Inc., against applicants Seth and Victoria Bolt. The board’s decision was influenced by, among other...more
11/27/2024
/ Acquired Distinctiveness ,
AirBnB ,
Dilution ,
Evidentiary Standards ,
Goods or Services ,
Inherently Distinctive ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Prior Use ,
Trademark Application ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
In MHCS v Les Grands Chais De France (Cancellation No 92075021, 8 March 2024), the Trademark Trial and Appeal Board (TTAB) has granted a petition for cancellation brought by viticulture giant MHCS against a mark owned by the...more
Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant[s]”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark...more
12/20/2023
/ Fraud ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair...more
9/26/2023
/ Appeals ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
PepsiCo ,
Remand ,
Summary Judgment ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unfair Competition ,
Unjust Enrichment ,
Vacated
In In re Palacio Del Rio Inc (Serial Nos 88412764 and 88437801), the Trademark Trial and Appeal Board (TTAB) has issued an opinion affirming the refusal of two building design mark applications by Palacio Del Rio Inc (PDR) –...more
The appellants, Interprofession du Gruyère and Syndicat Interprofessionnel du Gruyère, are two consortiums, Swiss and French, that regulate use of the term ‘gruyere’ to refer only to cheeses produced in the Gruyère district...more
5/3/2023
/ Appeals ,
EU ,
Generic Marks ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Summary Judgment ,
Trademark Application ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”.
...more
The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”. What...more
“Intent to use” (“ITU”) trademark applications must be successfully amended to allege use in U.S. Commerce before proceeding to registration. The applicant has six months from the issuance of a Notice of Allowance (“NOA”) or...more
In the traditional scheme of intellectual property, companies tend to manage their trademark, copyright, and patent portfolios, whether in house or through outside counsel. However, it has become increasingly essential for...more