News & Analysis as of

Trademark Trial and Appeal Board

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Beams of Light Fail to Strike a Chord with the Board

The Guitar Hotel in Hollywood, Florida is a hotel in the shape of the body of a guitar, with six lit-up “strings” running vertically up the surface of the building. At 7 pm daily, the hotel conducts a music and light show...more

Dorsey & Whitney LLP

A SUPER HERO-ic Trademark Takedown

Dorsey & Whitney LLP on

Last month, the creators of beloved characters like “Superman” and “Spider-Man” declined to come to their own rescue when their SUPER HERO and SUPER HEROES registrations were cancelled by a default judgment from the U.S....more

Ladas & Parry LLP

TTAB favours Airbnb in opposition against competitor TREEBNB mark

Ladas & Parry LLP on

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

Kohrman Jackson & Krantz LLP

When Are Pending Trademark Applications Subject to Court Review?

Generally, third parties who believe they may be harmed by a trademark registration can challenge a USPTO trademark application through the Trademark Trial and Appeal Board. However, do third parties have another avenue in...more

Haug Partners LLP

TTAB Decision Highlights The Importance of Accurately Describing Goods and Services In Trademark Applications

Haug Partners LLP on

Recently, the Trademark Trial and Appeal Board (the “TTAB”) affirmed the decision to cancel Registration Nos. 5,376,467 and 5,376,466, for the marks SMARTLOCK and SMARTLOCK with design (the “Smartlock Marks”), in the name of...more

Dorsey & Whitney LLP

Central District Finds SnapChat’s Spectacles Mark is Not Generic for Smart Glasses

Dorsey & Whitney LLP on

In Snap, Inc. v. Vidal, the Central District of California found the Trademark Trial and Appeal Board (“TTAB”) was wrong in finding that SnapChat’s SPECTACLES mark is generic for smart glasses. The district court’s opinion...more

Weintraub Tobin

(Podcast) The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic

Weintraub Tobin on

For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic....more

Weintraub Tobin

The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic

Weintraub Tobin on

For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic....more

Willcox & Savage

Trump Too Small: The Lanham Act Names Clause

Willcox & Savage on

To guide potential trademark owners and to foster strong protection for trademarks under U.S. law, the Lanham Act; 15 U.S.C. §1052, defines the types of trademarks and service which marks can be registered by whittling away...more

Willcox & Savage

Trademark Board Finds No Sovereign Immunity to Opposition Proceeding

Willcox & Savage on

The Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) ruled that a state agency has no sovereign immunity to a trademark opposition proceeding. Mountain Gateway Order, Inc. v....more

Seyfarth Shaw LLP

Marvel and DC Lose “Super Hero” Trademark Registration

Seyfarth Shaw LLP on

The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics....more

Womble Bond Dickinson

It’s a Bird, It’s a Plane - It’s in the Public Domain! USPTO Cancels Marvel and DC Comics’ Trademarks for SUPER HERO and SUPER...

Womble Bond Dickinson on

The U.S. Patent and Trademark office has done what Thanos and Lex Luthor never could—defeat the larger than life combined forces of Marvel and DC. Despite being well-known rivals, DC (Batman, Superman, Wonder Woman and...more

Baker Donelson

Baker's Trademark Developments of 2024

Baker Donelson on

2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more

Seyfarth Shaw LLP

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

Seyfarth Shaw LLP on

What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Dorsey & Whitney LLP

Cognac Scores a Win for Certification Marks

Dorsey & Whitney LLP on

Cognac, which originates from a specific region of France and is named after the commune of Cognac, is far more popular outside its native country. Indeed, according to the industry group Bureau National Interprofessional du...more

WilmerHale

PTAB/USPTO Update - September 2024

WilmerHale on

Last month, Director Kathi Vidal posted on her blog about global efforts to address climate change through sustainable innovation and about USPTO resources to support the military community....more

Seyfarth Shaw LLP

Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark

Seyfarth Shaw LLP on

As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal...more

Weintraub Tobin

(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

Weintraub Tobin on

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...more

Weintraub Tobin

The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

Weintraub Tobin on

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more

McDermott Will & Emery

Recipe for Rejection: Trademark Application Burnt by Specimen Flaws

McDermott Will & Emery on

The Trademark Trial & Appeal Board issued a precedential decision affirming a refusal to register a mark because there was no direct association between the specimen and the applied-for services. In re Gail Weiss, Serial No....more

Knobbe Martens

A Certification Mark May Be Famous for Any Reason and May Connote More Than the Product’s Place of Origin

Knobbe Martens on

Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary:  Fame and likelihood of confusion analyses must thoroughly consider all relevant factors and evidence, including the potential...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - August 2024 #2

LEGISLATION, REGULATIONS & STANDARDS - EPA Takes Emergency Action to Stop Use of Dacthal - For the first time in nearly 40 years, the U.S. Environmental Protection Agency (EPA) has issued an emergency order to suspend all...more

Seyfarth Shaw LLP

Bully for You: Cannabis Company Fails to Adequately Plead “Trademark Bullying” Defense Says the TTAB

Seyfarth Shaw LLP on

In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc....more

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

Seyfarth Shaw LLP on

Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

1,008 Results
 / 
View per page
Page: of 41

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide