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Tag Archives: Sheetz of Delaware

Crisps = Chips = Crackers?

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

Seeing these on the store shelf this weekend reminded me that we are still anxiously awaiting the USPTO’s decision from the Trademark Trial and Appeal Board (TTAB) as to whether the words “pretzel crisps” will be found generic for “pretzel crackers” –basically, a public domain category or class of goods term, in the same way that “footlong”… Continue Reading

A Picture is Worth a Thousand Words

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

We continue to anxiously await the Trademark Trial and Appeal Board’s decision in Frito-Lay North America, Inc. v. Princeton Vanguard, LLC, especially given the Board’s recent genericness ruling in Sheetz of Delaware, Inc. v. Doctor’s Associates, Inc., finding FOOTLONG generic for “sandwiches, excluding hot dogs.” The question at issue in Frito-Lay’s trademark challenge to registration by… Continue Reading

Millions of False TM Notices to Remove?

Posted in Advertising, Articles, False Advertising, Food, Genericide, Law Suits, Loss of Rights, Trademark Bullying, Trademarks, TTAB, USPTO

                A hot dog is a type of sandwich, and “footlong” denotes a type, category, or class of sandwiches (those measuring about a foot in length), making “footlong” a generic term and part of the public domain — incapable of serving as a trademark for any kind of sandwich. This is true despite Subway’s claimed… Continue Reading