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
Tag Archives: TTAB
Trademark Bully Update: IPO Says Not a Problem
Posted in Famous Marks, Goodwill, Infringement, Law Suits, TrademarksThe 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 TrademarksI 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 I wouldn’t consider… Continue Reading
Trademark Fraud = Reckless Disregard For The Truth?
Posted in TrademarksAaron 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, TrademarksQuiz 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 for "flashlight bulbs"… Continue Reading
A Famous Trademark That Casts a Very Long Shadow
Posted in Branding, Famous Marks, Law Suits, Marketing, TrademarksThis is the epitome of a famous non-verbal logo and trademark that truly can stand alone (we have discussed others too): Hat tip to John Welch over at the TTABlog who did a very nice write up on this interesting decision: Apple, Inc. v. Echospin, LLC. Basically, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office… Continue Reading
Of (USC) Trojans and (USC) Gamecocks
Posted in Branding, Famous Marks, TrademarksA few weeks ago, the Federal Circuit Court of Appeals issued its decision in The University of South Carolina v. the University of Southern California in South Carolina’s appeal from the Trademark Trial and Appeal Board (“TTAB”). The Federal Circuit affirmed the TTAB’s finding that consumers are likely to be confused by South Carolina’s use… Continue Reading
Reverse Domain Name Hijacking: An Emerging Negligence Standard?
Posted in Domain Names, International, TrademarksA 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
Ode to Le Tour De France
Posted in TTABNow that the Tour de France is over, it looks like the choices in evening television once again consist of several versions of the same reality show. I can’t complain, the Tour was phenomenal this year and I enjoyed every minute I was able to watch (thank you DVR). Last week, as the 2009 le Tour… Continue Reading
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...