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SWATCH and Samsung Battle Over SWA Wearable Tech Mark and More New and Noteworthy Filings with the TTAB

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 [...]

BREAKING NEWS: Federal Judge Orders the Cancellation of Washington Redskins Federal Trademark Registrations

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 [...]

Federal Circuit: Trademark Use Requires Actual Provision of Services, Not Just Advertising

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 [...]

REDBULL files opposition to REDEW mark claiming right to RED for beverages: New & Noteworthy TTAB Filings

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 [...]

Monster Energy, 5 Hour Energy and Ohio State File Trademark Oppositions and Cancellations: New & Noteworthy TTAB Filings March 9 to 15, 2015

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 [...]

Supreme Court Holds 7-2 that TTAB Decisions Can Be Preclusive in Narrow Circumstances

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 [...]

New & Noteworthy TTAB Filings: Monster Energy Opposes MONSTER BUCK for knives, Apple opposes SWATCH’s IPOP mark

This posts covers the New & Noteworthy filings before the Trademark Trial & Appeal Board from March 2 to March 8, 2015. This week, Marvel continued its assault on marks similar to its characters, troubled clothing store Wet Seal fights off other "wet" marks, and beverage company Sazerac wants everyone to be able to use the [...]

New & Noteworthy Trademark Opposition and Cancellation Filings with the TTAB: February 23 to March 1

This New & Noteworthy post looks at trademark oppositions filed at the Trademark Trial & Appeal board for the Week of February 23 - March 1. Marvel & DC, Co-Owners of the SUPER HERO Mark, File Two Oppositions Marvel & DC have been labeled trademark bullies in the past for their policing of the co-owned [...]

New & Noteworthy Trademark Oppositions and Cancellations: The Week of February 16th, 2015

This week’s New & Noteworthy TTAB filings feature a lot of logos and design marks. Among them are oppositions and cancellations from “frequent filers” Major League Baseball and Monster Energy. Creating a Monster - Monster Energy Opposes More Trademark Applications Monster Energy has frequently been accused of overreaching when it comes to enforcing its trademark [...]

New & Noteworthy Trademark Oppositions and Cancellations: The Week of February 9th, 2015

This week’s new and noteworthy TTAB proceedings featured potentially immoral clothing brands, stolen TV shows, and a lot of beer. Calvin Klein Opposes FTCK Mark Fashion Company Calvin Klein opposed an application for FTCK for clothing, claiming that it is confusingly similar to its registered CK marks. CK also argued in its opposition that FTCK [...]