• Posts Tagged ‘TTAB’

    Uh-oh Moment

    by  • June 19, 2009 • trademark

    Terra Sul Corp. a/k/a Churrascaria Boi Na Brasa v. Boi Na Braza, Inc. is one of those “uh oh” cases. It’s a fairly routine examination of a petitioner’s first use date to determine who is senior user of the mark. The “uh oh” is a theory that the mark, when transferred from the sole...

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    It’s Only One Mark

    by  • May 17, 2009 • trademark

    Sometimes the TTAB is an alternative reality. It’s happening right now as it struggles with trademark ownership disputes. In Arturo Santana Gallego v. Santana’s Grill, Inc., there was family falling out. The TTAB reached a conclusion that may be right, but in a way that is so doctrinally irrelevant that we can’t know. The...

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    Well, It Was Probably Assigned

    by  • April 30, 2009 • trademark

    The TTABlog reports on a case about the mark RUSSKAYA for vodka that addresses two different attacks on trademark ownership. One is a fairly standard charge of abandonment. The second is a standing attack, based on a claim that the intent to use trademark application was improperly assigned. Under Section 10(a)(1) of the Lanham...

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    Laid to Waste

    by  • April 14, 2009 • trademark

    The always informative John Welch, TTABlog reporter, blogged on a pure trademark ownership contest at the TTAB in an opposition proceeding. It was a bit of a lengthy and confusing read, 41 pages, although the TTAB does bless us with generous double-spacing and Courier New. The case is a lesson in how not to...

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    JOYCE Still Up for Grabs

    by  • February 12, 2009 • trademark

    Awhile back I blogged on a TTAB opposition and cancellation between the Joyce Theater Foundation, Inc. and Ballet Tech Foundation, Inc. The proceeding involved a dispute over who owns the mark JOYCE, the foundation that purchased and renovated a theater named JOYCE or the foundation that ran the facility. The TTAB held that the...

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    A Less than Iron Clad Theory

    by  • January 30, 2009 • trademark

    In the past few years John Welch at the TTABlog has organized a Boston road trip for the Trademark Trial and Appeal Board. They’re great events and I highly recommend that anyone nearby make it there. This past October, the TTAB held an inter partes hearing in Iron Man Magazine versus the Ironman Triathalon...

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    “Heritage” Brands Revisited

    by  • August 8, 2008 • trademark

    Thanks to John Welch for pointing me to a new decision from the TTAB, Chrysler LLC v. Pimpo. Chrysler LLC opposed the registration of the mark RAMBLER for “automobiles and structural parts therefor” by Anthony S. Pimpo. RAMBLER is, of course, a model of car that was produced from 1950 to 1969 – you...

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