• About Pamela Chestek

    What Is the Goal?

    by  • May 15, 2017 • trademark • 0 Comments

    Super Sabre Society v. Frazier is an opposition to the registration of a logo, filed in both black and white and color, for association services: Applicant Frazier had been a founder, the first CEO and a board member of the Super Sabre Society, an organization for those who flew the F-100 Super Sabre. No...

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    Third Circuit Adopts the Standard Test

    by  • April 24, 2017 • trademark • 0 Comments

    The Court of Appeals for the Third Circuit, took an opportunity to clarify the doctrine to be used when deciding, as between a manufacturer and distributor, who owns the trademark. The decision is a wee bit puzzling only because it makes much of what didn’t look like much at the trial court level. The...

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    Getting Back on the Rails

    by  • April 17, 2017 • trademark • 0 Comments

    I have written extensively in the past about what I consider a misapplication of the anti-trafficking provision of Section 10 of the Lanham Act. Section 10 has a special provision that limits when one can assign an intent-to-use trademark application. After the 1989 amendment to the Lanham Act, companies could file trademark applications before...

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    “Incontestability” and Cancellation

    by  • February 13, 2017 • trademark • 2 Comments

    I previously reported on a case that managed to find a non-statutory basis for cancelling an “incontestable” trademark registration, specifically that the application for the registration was void ab initio. The plaintiff and trademark owner was NetJets, with a registered trademark for a software program INTELLIJET. The defendant was a company named Intellijet Group....

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    What It Takes to Get Attorneys’ Fees

    by  • January 30, 2017 • patent • 0 Comments

    This is a bit of a “duh” case from the Federal Circuit, a nonprecedential decision. The only surprising part of it is that the trial court, Judge Sparks in the Western District of Texas, didn’t impose even greater sanctions. It was quite a show of generosity. The patent-in-suit has a short chain of title;...

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    Be Careful What You Wish For

    by  • January 23, 2017 • trademark • 0 Comments

    To “plead yourself out of court” is to state facts in a complaint that mean you have already lost. Something like, in a personal injury case, saying “I rear-ended him because he stopped at a red light” would do it. In Reynolds v. Banks it’s not quite exactly that, but pretty darn close. Sandra...

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    The Family Name

    by  • January 16, 2017 • trademark • 0 Comments

    This case is not just a trademark suit with a domestic relations background; it is a domestic relations dispute over the ownership of marital property, which happens to be a trademark. It is a marital settlement that makes any trademark attorney’s heart sink. While they were married, exes Randy Zweifel and Linda Smith held...

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    Who Do You Associate “BorderFest” With?

    by  • January 9, 2017 • trademark • 0 Comments

    There’s an interesting trademark ownership fact pattern as described by a Texas state appeals court in Vera v. City of Hidalgo. I find it interesting in two ways. First, there is no mention of the statutory or common law basis for the claim. It’s characterized as ownership of a cultural festival name, but the...

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    There Is Just No Way Around the Absent Patent Owner

    by  • January 3, 2017 • patent • 1 Comment

    I’m writing about an inventorship case mostly because I have to bone up before I speak at the AIPLA Mid-Winter Institute in a talk rivetingly titled “The Backlash from Mismanagement of Inventorship in Multi-Party Deals.” If you’re attending, consider Speedfit LLC v. Woodway USA, Inc. your homework assignment. The plaintiffs are an inventor, Aurel...

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    What’s a “Trolley Pub,” You Ask?

    by  • December 19, 2016 • trademark • 0 Comments

    I’m SO glad you did, because I can tell you all about the Trolley Pub® transport services – note the care with which I’ve used the term as a trademark, although I will dispense with any effort to use it in adjective-noun form from now on. The Trolley Pub is a pedal-powered street trolley...

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