The Supreme Court ruled in B&B Hardware, Inc. v. Hargis Industries that a TTAB ruling can have (in certain cases) a “preclusive effect” on subsequent actions in federal court (see earlier blog entry ...
The recent decision by the Ninth Circuit in MultiTime Machine, Inc. v. Amazon.com, Inc. could spell the beginning of the end of “initial interest confusion” as a cause of action in internet commerce...
A recent Trademark Trial and Appeal Board (TTAB) decision in the matter of Overstock.com, Inc. v. J. Becker Management rejected Overstock.com’s opposition to the registration of this mark:
John Welch blogged about the TTAB’s decision to sustain the opposition to registration of the mark THE HOUSE THAT JUICE BUILT (and a related design mark) for various baseball related items. The Board...
A 2015 article1 published by Shari Diamond and David Franklyn reports the results of a survey(!) of trademark attorneys on the role that surveys play in the ultimate resolution of a case. They note...
The Court of Appeals for the Federal Circuit (CAFC) has affirmed the TTAB’s ruling that NOPALEA is merely descriptive when used for a dietary supplement that contains Nopal juice. (John Welch blogs...
The 2015 Supreme Court ruling in B&B Hardware, Inc. v. Hargis Industries means that the Trademark Trial and Appeal Board (TTAB) will get a lot more attention and resources than they have in the past....
A recently decided case in the Middle District of Florida (Pods Enterprises v. U-Haul International) showed how the lack of survey evidence can seriously weaken a claim that a trademark is generic....