• Posts Tagged ‘cancellation’

    Shocking Result – You Can’t Cancel a Registration the Other Party Doesn’t Own

    by  • March 19, 2018 • trademark • 0 Comments

    “The issue before the Court is whether an entity other than the trademark registrant and owner may properly be sued for trademark cancellation.” And my head explodes. One owns a property, a trademark registration. A claim that the property right doesn’t exist can only be brought against the entity that claims to own the...

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    Infringement Without Confusion?

    by  • November 9, 2015 • copyright, trademark • 8 Comments

    It’s a simple case, but simple doesn’t mean you get to take shortcuts on the legal rationale. At the end of 1998 Ford and ThermoAnalytics entered into a License Agreement for RadTherm software for heat mapping. In the agreement, FGTI (Ford Global Technologies, Inc.) granted ThermoAnalytics an exclusive license to develop and commercialize “FGTI...

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    Never Underestimate the Burden of Proof

    by  • October 28, 2015 • trademark • 0 Comments

    Trademark examining attorneys occasionally make mistakes and often the error can’t be challenged once the trademark is registered.* In Vujovic v. Octop there was a clear procedural error and it was most likely outcome determinative. Two people worked together at a company called “Octop.” The opinion doesn’t have much information (because most of the...

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    When a Logo Has Two Owners

    by  • March 20, 2013 • copyright, trademark • 0 Comments

    The last two posts were about a case, DeliverMed Holdings, LLC v. Schaltenbrand, involving ownership of a logo. In the first post, it turned out that the copyright in the logo was still owned by the designer, not the company using the logo. @WatermarkIAM tweeted a caution: “You must make sure #copyright ownership is...

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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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