TTABlog
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Does the Parent Own the Mark?
The TTABlog reports on a decision invoking In re Wella to try to escape a likelihood of confusion refusal. In re Wella is a 1986 Federal Circuit decision which held that corporate family members (in that case, parent and subsidiary) may own substantially similar marks without a likelihood of confusion so long as there is… Continue reading
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Who Owns the Chirp?
The TTAB recently decided a case about the registrability of a “chirp” made by Motorola phones. Motorola filed an application to register “an electronic chirp consisting of a tone at 1800 Hz played at a cadence of 24 milliseconds ON, 24 ms OFF, 24 ms ON, 24 ms OFF, 48 ms ON.” Nextel Communications opposed… Continue reading
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Uh-oh Moment
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 proprietor… Continue reading
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Well, It Was Probably Assigned
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 Act,… Continue reading
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Laid to Waste
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 manage… Continue reading
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A Less than Iron Clad Theory
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 for… Continue reading
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Who Owns “Joyce Theater”? – the Mark, Not the Building
John Welch at The TTABlog® (my go-to resource for TTAB law) has blogged on my favorite kind of case, where two different entities claim to be the owner of the same mark. John summarizes the holding of the dispute (landlord wins), but I’m more interested in how the Board got there analytically. It’s the same… Continue reading
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“Heritage” Brands Revisited
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 may… Continue reading
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