If you apply for a trademark that references a living president or a political candidate, prepare to be denied. Currently there are over 275 active trademark applications containing the word “TRUMP” and chances are, unless they were filed by Donald Trump or his family, then many of those applications will be denied. Why? Because the United States Patent and Trademark Office […]
UPDATE (04/3/2017): The Trademark Trial and Appeal Board has sustained the Kardashian’s Notice of Opposition after Blac Chyna failed to respond to the pleading. In the Notice of Default Judgement, the TTAB held: On January 20, 2017, the Board issued a notice of default to Applicant because no answer had been filed. No response to the notice of default has been filed. […]
In 2017, Las Vegas will launch their first-ever National Hockey League team, bringing professional hockey to Sin City. However, the team’s chosen name, the Las Vegas Golden Knights, is already on thin ice. The team’s trademark applications were denied based on pre-existing registered trademarks containing the words GOLDEN KNIGHTS. In July 2016, ESPN reported that owner Bill Foley was having trouble […]
The Supreme Court recently granted cert (meaning that they agreed to hear arguments) in Lee v. Tam, a case challenging the United States Patent and Trademark Office’s ban on the registration of ‘disparaging’ trademarks. The Supreme Court will hear arguments on this issue, but denied the request of the owners of the Washington Redskins’ trademarks for their pending appeal to […]
By: Eric Perrott, Esq. A takedown notice under the Digital Millennium Copyright Act (DMCA) is often a cost-effective way to remove copyright-infringing content on the internet without having to get a court order. However, this has given rise to large and small companies alike sending false take-down notices, without considering factors like whether the alleged infringer’s use is a “fair use” […]
So far, July has been a steady month at the Trademark Trial & Appeal Board. 302 trademark notice of oppositions and cancellation petitions were filed from July 1st to July 16th. The July filing numbers are almost identical to June’s for the same range. In June, 298 proceedings were filed. A note on formatting – if multiple marks appear in the Applicant/Opposer field, […]
In a near complete win for the Blackhorse defendants and the United States government, the Eastern District of Virginia granted summary judgement on almost all claims in favor of the defendants and ordered the cancellation of six of the Washington Redskins federal trademark registrations. The Eastern District held that the Redskins marks “may disparage” Native Americans. The ruling was also a win for […]
There are multiple avenues for an applicant to appeal a Trademark Trial and Appeal decision, but the Fourth Circuit held that applicants who choose to appeal to a District Court must pay the United States Patent and Trademark Office’s attorney’s fees and related expenses. On April 23, 2015, the United States Court of Appeals for the Fourth Circuit upheld 2-1 a […]
Trademark rights in the United States are based on use of the trademark in commerce. For applications based on use (as opposed to “intent-to-use” applications), the USPTO requires that each applicant provide proof that it is using the mark for the applied-for goods and/or services. This proof must be provided in the form of a specimen, which shows the mark in […]
New & Noteworthy TTAB Filings: The Late March to Early April Omnibus Edition This edition of New & Noteworthy features highlights from the past month of Trademark Trial & Appeal Board filings. Featured is an ongoing segment on brand owners who believe that their marks meet the high bar of being a “famous” marks for purposes of trademark dilution. DOGFISH HEAD BREWRY […]
The edition of New & Noteworthy features Monster Energy, who seems to file oppositions against, well, everything. There are also a lot of design mark filings, including the Ohio State’s proceedings against the POISON NUT and others which provide interesting insight into how design marks are prosecuted, monitored, and ultimately opposed/cancelled. Also, for the second week in a row, Sazerac protects […]
On March 24, 2015, the Supreme Court issued its opinion reversing the Eighth Circuit and holding that, in some narrow circumstances, a Trademark Trial & Appeal proceeding can have preclusive effects on federal district court litigation. In December, the Supreme Court heard oral arguments for B&B Hardware vs. Hargis, an appeal from an Eighth Circuit ruling that the District of […]