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Tag Archives: TTAB

Cheerios Registration Refused for Yellow Color Mark

Posted in Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Packaging, TTAB

For the past couple years, General Mills has battled to register a yellow color mark in connection with its Cheerios® breakfast cereal.  More specifically, back in 2015, General Mills applied to register (Serial No. 86757390) the mark shown below, described as “the color yellow appearing as the predominant uniform background color on product packaging for the… Continue Reading

“Not So Fast,” Mr. THRILLED Daniel Snyder

Posted in Mixed Bag of Nuts

Lee Corso (former coach and ESPN football analyst) frequently utters this famous sports media catchphrase on ESPN’s “College GameDay” program: “Not so fast, my friend!” The first three words of that phrase come to mind upon hearing that THRILLED Daniel Snyder (majority owner of the NFL football franchise nearest the Nation’s Capitol) is celebrating Simon… Continue Reading

MLB to Oppose (maybe) Blizzard’s Overwatch League Logo

Posted in Branding, Mixed Bag of Nuts, Sight, Trademarks, TTAB, USPTO

If you’re a video game fan like me, you’re probably familiar with Blizzard Entertainment and their assortment of popular games, such as Starcraft, Diablo, and World of Warcraft. One of Blizzard’s newest games is Overwatch, a multi-player, first-person shooter game. One aspect of this game is the Overwatch League, a series of tournaments and live… Continue Reading

Sonic v. Supersonic Coffee v. AKA Coffee: Bullied to a better brand?

Posted in Branding, Dilution, Famous Marks, Trademark Bullying, Trademarks, TTAB

A specialty coffee roastery in San Francisco, Supersonic Coffee, has decided to rebrand to the name AKA Coffee, as reported yesterday.  The impetus for the rebrand was an opposition at the Trademark Trial and Appeal Board (TTAB) by the national fast-food chain Sonic, against Supersonic Coffee’s trademark application for the word mark SUPERSONIC.  This trademark application (Serial No. 86382164)… Continue Reading

Michigan v. M22: The Road Sign Trademark Battle

Posted in Branding, Law Suits, Marketing, Mixed Bag of Nuts, Trademarks, TTAB

If you’re ever driving north through Michigan, particularly during the autumn leaf season, I highly recommend taking the popular “scenic route,” that is, the route bordering the shore of Lake Michigan along the Leelanau Peninsula, following State Highway M-22.  Last year, Highway M-22 was voted into first place among a USA Today top-ten ranking of the… Continue Reading

The USPTO Says “Yes” But the TTB Says “No” To LSD

Posted in Almost Advice, Branding, First Amendment, Idea Protection, Marketing, Product Packaging, Trademarks, USPTO

Government approval of commercial speech has been a hot topic of discussion by trademark nerds here and elsewhere in light of recent decisions regarding the Redskins and The Slants marks.  As those decisions proceed up through the appeal channels to the Supreme Court, attention has been drawn to whether or not a trademark registration certificate… Continue Reading

Consent or Not, No Trademark Registration for Brewer’s TIME TRAVELER BLONDE Mark

Posted in Agreements, Almost Advice, Branding, Product Packaging, Trademarks, TTAB, USPTO

When an application has been refused registration in view of another’s prior filed mark, one way to resolve the issue is through a consent agreement wherein the registrant consents to the registration and the parties set out the reasons why the parties believe that there is no likelihood of consumer confusion between the marks.  A… Continue Reading

The Board Lends a Blow to Celebrities

Posted in Famous Marks, Fashion, Marketing, Mixed Bag of Nuts, Technology, Trademarks, TTAB

The celebrity known as will.i.am from the musical group the Black Eyed Peas sought to register three marks for “I AM” in connection with cosmetics, cell phones, artificial eyelashes, sunglasses, and brass wrist cuff bracelets, among other goods. In three precedential opinions,the Trademark Trial and Appeal Board (“Board”) refused to register these marks based on… Continue Reading

Is the TTAB falling?

Posted in Almost Advice

A commonly used forum to resolve trademark registration issues, which also commonly resulted in negotiated settlements over the use of mark, may no longer be so common. Today, the United States Supreme Court issued its heavily anticipated opinion in the B&B Hardware v. Hargis Industries case, which involved the issue of whether TTAB decisions on… Continue Reading

Single-Letter Trademark Battles: Who Gets the W for “W”?

Posted in Advertising, AlphaWatch, Articles, Branding, Fair Use, Infringement, Social Media, Trademark Bullying, Trademarks, TTAB, USPTO

How much trouble can a double-U make?  If you’ve been following this blog over the years, you know the answer: quite a lot. This blog has written extensively on the trials and tribulations that may accompany single-letter trademark applications, and the letter “W” in particular.  You may then conclude, quite correctly, that a whole lot… Continue Reading

Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court

Posted in Agreements, Articles, Civil Procedure, Infringement, Law Suits, Product Packaging, Trademarks, TTAB, USPTO

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark Trial and Appeal Board (TTAB) of the USPTO. The TTAB can be a cost effective forum for parties to achieve… Continue Reading

Red Bull v. Victoria’s Secret

Posted in Advertising, Articles, Branding, Famous Marks, Marketing, Trademarks, TTAB, USPTO

When getting your wings might give you trouble from the one that gives you wings: Looks like Red Bull — owner of federally-registered rights in Gives You Wings — is considering a trademark opposition to prevent registration of Get Your Wings by Victoria’s Secret. Interesting and unlikely adversaries to say the least. Any predictions on whether… Continue Reading

Having “Just Ship It” Reluctance?

Posted in Articles, Branding, Dilution, Famous Marks, Marketing, Mixed Bag of Nuts, Trademarks, TTAB

Seth Godin — famous for inspiring those who create to “shipit” — took the opportunity yesterday to respond to those who contend he encourages others to “just ship it.” In Godin’s response he takes issue with the word “just,” because it “implies a throwaway“: “The just has a, ‘what the hell,’ element to it. With ‘just’ in… Continue Reading

Tie Goes to the Brand or Generic Name?

Posted in Articles, Branding, Food, Genericide, Law Suits, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

Boys baseball occupied a fair portion of my evenings last week and this past weekend, a game where almost everyone has at least heard: The tie goes to the runner (when it comes to running the bases anyway — because when it comes to the final score the game continues until someone wins, even if it takes twenty… Continue Reading

Chick-fil-A Goes Stealth in “Eat More Kale” Trademark Dispute?

Posted in Branding, Food, Infringement, Trademark Bullying, Trademarks

The question for the day is not, why did the chicken cross the road, but rather, why did the chicken file an ex parte Letter of Protest with the Office of the Deputy Commissioner for Trademark Examination Policy at the United States Patent and Trademark Office (USPTO), just a few months ago? To get to the other side of the… Continue Reading

Trademark Bully Update: IPO Says Not a Problem

Posted in Famous Marks, Goodwill, Infringement, Law Suits, Trademark Bullying, Trademarks

The Intellectual Property Owners Association (IPO) submitted its comments last Friday in response to the USPTO’s recent invitation for input on whether “trademark bullying” is a problem. In response to the USPTO’s key question “Do you think trademark ‘bullies’ are currently a problem for trademark owners, and if so, how significant is the problem?” IPO… Continue Reading

Color Marks & One Company’s Long Haul to Color Mark Protection

Posted in Famous Marks, Non-Traditional Trademarks

–Susan Perera, Attorney I was surprised to see the six registrations pictured above for color marks come out of the USPTO this month.   And I bet that most of you can identify the owner of these marks without even checking the registrations. (If you must, registrations: here, here, here, here, here, here, and here.) Although… 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

An Illuminating Tale of Likely Confusion

Posted in Branding, Trademarks

–Dan Kelly, Attorney Quiz time.  Here’s the setup: Company A owns the following registered trademarks for use in connection with the listed goods: MAXSTAR for “electric lanterns” MAGNUM MAX for “hand-held electric spotlights” MAXFIRE for “portable, battery-operated lighting products, namely flashlights” Company B owns these registered trademarks: MAG-LITE and MAGLITE for “flashlights” MAG for “flashlights” MAG-NUM STAR… Continue Reading