• Posts Tagged ‘TTAB’

    Just Because You Don’t Manufacture Doesn’t Mean You’re a “Distributor”

    by  • July 16, 2015 • trademark • 1 Comment

    John Welch at The TTABlog summarizes a case that is characterized as a manufacturer-distributor dispute over the ownership of the mark “UVF861” for UV light bulbs. John does a thorough job summarizing the case, which I won’t repeat here. In its opinion, the TTAB applied the presumption that in a manufacturer-distributor relationship, the manufacturer...

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    Sometimes It’s That Easy

    by  • April 7, 2015 • trademark • 0 Comments

    Legal doctrine has developed a manufacturer-distributor paradigm, but that is too simplistic in today’s commercial world. What we have in ACRO Biosystems v. Acrobiosystems USA LLC, an opposition, is manufacturer versus branch office. The opposer is a Chinese manufacturer of biochemical reagents sold in the US under the mark ACROBIOSYSTEMS. The applicants are a...

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    One Cannot Put a Would-Be Franchise Back Together

    by  • February 10, 2014 • trademark • 0 Comments

    I was all stoked because one of the most complicated trademark ownership cases I’ve ever seen, C.F.M. Distributing Co. v. Costantine, was appealed to the Federal Circuit. Super! Clarification from a Court of Appeals on trademark ownership! Sigh. Affirmed under Rule 36 without an opinion. Oral argument here. The text of this work is...

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    If There’s No Evidence, How Do You Decide?

    by  • November 18, 2013 • trademark • 1 Comment

    I often write about cases where there are two claimants to the same trademark. We’re still struggling with the fundamental doctrine that should apply in the situation, and because we’re struggling it means that the litigants may not capture or offer evidence that the fact finder needs in order to decide. Which is what...

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    Abandoned and Adopted

    by  • June 8, 2013 • trademark • 0 Comments

    Well, here’s a teaser of a case we might never know more about. The mark INTRAV has been registered since 1968 for travel agency services and is now owned by International Expeditions, Inc. A company called Christine E, LLC filed a petition to cancel the mark on the basis of abandonment: After diligent inquiry,...

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    When You Can Change the Name of the Registrant

    by  • December 11, 2011 • trademark

    A short primer from the TTAB on when one can correct the name of an incorrectly named registrant and when instead the application is void ab initio.  In Key West Innkeeper’s Association, Inc. v. The Popular House, Inc., the application was filed in the name of “Carlson,Jody,E”, a corporation, then the applicant was changed...

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    Litigation Strategy

    by  • November 25, 2011 • trademark

    Here’s a TTAB case that I think presents an interesting procedural question.  The situation: Bello Fitness Ltda, petitioner, is a Brazilian clothing manufacturer.  It owns the BODY UP mark in Brazil and had a relationship with non-party Body Up, LLC to distribute the BODY UP clothing in the U.S. Fernando Homem da Costa Filho...

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    Factions Having a Common History

    by  • April 25, 2011 • trademark

    The caption tells it all: 100 Blacks in Law Enforcement Who Care, Inc. v. 100 Blacks in Law Enforcement Who Care. As explained by the TTAB: Opposers’ pleadings herein contain three grounds for refusing applicant registration: (1) priority and likelihood of confusion; (2) likelihood of dilution; and (3) that applicant is not the rightful...

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    The TTAB Comes to Boston

    by  • March 29, 2011 • trademark

    John Welch has done his usual stellar job of convincing the Trademark Trial and Appeal Board to come to Boston to conduct a hearing.  Sponsored by the Trademark Committee of the Boston Patent Law Association, the Board will sit at the Northeastern University School of Law on April 29th in the afternoon.  The case...

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