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Tag Archives: B&B Hardware

The Brand With 3 Stripes, Bands, or Stitches?

Posted in Articles, Branding, Famous Marks, Fashion, Infringement, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

We’ve written a lot over the years about Adidas’ three-stripe non-verbal, non-traditional trademark. Turns out, Adidas actually owns a federally-registered trademark for the verbal, spelled-out, look-for advertising equivalent too, called: The Brand With The 3 Stripes®. We haven’t until now probed the meaning of “stripe” though: “A long narrow band or strip, typically of the… Continue Reading

Thinking Outside Section 2(d) Refusals

Posted in Articles, Infringement, Loss of Rights, Trademark Bullying, Trademarks, TTAB, USPTO

Section 2(d) of the Trademark Act is the statutory basis for refusing registration based on likelihood of confusion with another mark. It is invoked on an ex parte basis by USPTO Examining Attorneys, and it is also raised in the context of inter partes cases between adversaries. When an applicant seeking to register its mark… Continue Reading

On Mastering U.S. Trademark Registration

Posted in Articles, Branding, Marketing, Trademarks, TTAB, USPTO

For those interested in learning more about the valuable benefits of federal trademark registration and how to successfully navigate the registration process at the USPTO, it’s time to mark your calendars for an upcoming educational opportunity in Minneapolis on Tuesday February 16, 2016. Here is the official brochure for the event, here is an online… Continue Reading

Navigating Trademark Oppositions and Cancellation Proceedings at the TTAB

Posted in Articles, Branding, Law Suits, Marketing, Trademarks, TTAB

In case you missed the webinar from last year, we’re having another Strafford IP webinar on “Navigating Trademark Oppositions and Cancellation Proceedings at the TTAB,” next Tuesday August 18, at noon CST. Here are the details for the webinar. This year, we’ll have the benefit of knowing how the Supreme Court decided the B&B Hardware… Continue Reading

The Juice Runs Out for Yankee Parody Trademarks

Posted in Dilution, Fair Use, Famous Marks, First Amendment, Trademarks, TTAB

A good general business practice is to apply to register trademarks early. You’ll find out if there is an issue. You’ll have time to change rather than having to take everything off the shelf under the threat of a lawsuit. Yet a recent decision from the Trademark Trial and Appeal Board in New York Yankees Partnership… Continue Reading

Likelihood of Preclusion: Fallout From the Supreme Court Ruling on Likely Confusion

Posted in Articles, Infringement, Law Suits, Trademarks, TTAB

Move over likelihood of confusion, there is another sheriff in town, at least when it comes to looking for guidance on best practices and strategic considerations for a brand owner’s clearance, registration, protection and enforcement of trademark rights in the United States. As if us dedicated trademark types didn’t already have enough likelihoods (confusion, dilution,… Continue Reading

More Imaginative THANN Other Soap Brands

Posted in Articles, Branding, International, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

On a recent trip to the Washington, D.C. area, I had the opportunity to stay at the Bethesda North Marriott Hotel & Conference Center, and I’ll have to say, as a trademark type, it was difficult to avoid being drawn to their unique and engaging bath soap and packaging: In my experience, most bath soap… Continue Reading

On Unintended Consequences: Will the B&B SCOTUS Ruling Encourage Trademark Bullies?

Posted in Almost Advice, Articles, Branding, Civil Procedure, Infringement, Law Suits, Trademark Bullying, Trademarks, TTAB, USPTO

Last week, while I was preparing for and had the unique opportunity of arguing a real, live TTAB final hearing on the merits, outside the TTAB’s typical oral hearing location (because it was selected by the TTAB to be part of the ABA’s IPLSpring continuing education conference in Bethesda, Maryland), the Supreme Court issued its… Continue Reading

What Do Gripe Sites Have to Do with SCOTUS’s B&B Hardware Decision?

Posted in Domain Names, Fair Use, First Amendment, Infringement, Law Suits, Trademarks, TTAB

In December, the Supreme Court heard oral arguments in B&B Hardware v. Hargis Industries. The case addresses the level of deference to be given to decisions from the Trademark Trial and Appeal Board, if any. We’ve discussed the issue a number of times at DuetsBlog. I’d love to provide you with breaking news, but still… Continue Reading