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Tag Archives: In re Bose

As the Trademark Fraud Pendulum Swings

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

Once upon a time, and for decades thereafter, trademark fraud claims were highly disfavored. They were criticized as unproductive litigation diversions — “often pled,” but “rarely proven.” To succeed — during that lengthy period of time — the alleged fraud had to be “proven to the hilt,” with “clear and convincing evidence,” leaving nothing to… Continue Reading

Trademark Fraud No More?

Posted in Law Suits, Trademarks, TTAB

Just over two years ago, we reported on the CAFC’s landmark trademark fraud decision of In re Bose, here, here, and here. In addition, I wrote a piece for Thomson Reuters’ Client Times Online called True Lies, Trademark Fraud, and the Medinol Detour: The Federal Circuit Reverses In re Bose." Our friend, John Welch over at the… Continue Reading

“Would You Rather…?” Litigation Update

Posted in Infringement, Law Suits, Trademarks

–Dan Kelly, Attorney Last May, I reported on a Ninth Circuit Court of Appeals decision opining on the descriptiveness of the “Would You Rather…?” trademark registration.  Subsequent to the Ninth Circuit’s decision, the case returned to the United States District Court for the Central District of California and is now styled Spin Master, Ltd. v…. Continue Reading

Registration Symbol Misuse As Trademark Fraud?

Posted in Marketing, Trademarks, TTAB

Trademark types frequently encounter brand owners and managers with substantial misunderstanding and confusion about when use of the federal registration notice symbol is lawful. Most of the time a misuse or technical violation results from an honest mistake, but sometimes the misuse is, and starts out intentional, or perhaps the misuse begins to look intentional if it isn’t promptly… Continue Reading

Trademark Fraud = Reckless Disregard For The Truth?

Posted in Trademarks

Aaron Keller was busy yesterday making weighty predictions about the basis for our next economy: The Designed Economy. As I prepare to provide attendees at the Midwest IP Institute tomorrow with a trademark fraud update — today, I thought I’d provide a preview — and even go out on a small limb — making a couple of predictions of my own, relating… Continue Reading

Tavern on the Green Dispute Rages On

Posted in Trademarks

— Karen Brennan, Attorney The Tavern on the Green dispute came to a swift end, for the time being. U.S. District Court Judge Miriam Cedarbaum granted summary judgment in favor of the City of New York, ordering cancellation of LeRoy’s federal trademark registration for the TAVERN ON THE GREEN mark in connection with restaurant services on… Continue Reading

Reverse Domain Name Hijacking: An Emerging Negligence Standard?

Posted in Domain Names, International, Trademarks

A recent domain name decision under ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP Policy), captioned Bin Shabib & Associates (BSA) LLP v. Hebei IT Shanghai ltd c/o Domain Administrator, found reverse domain name hijacking, under some rather interesting, if not questionable circumstances. The Rules that govern the UDRP Policy define Reverse Domain Name HiJacking as "using the… Continue Reading