In Cosmetic Warriors v. Pinkette Clothing, the U.S. Court of Appeals for the Ninth Circuit filed an opinion a couple weeks ago, reconfirming that the equitable defense of laches (unreasonable and prejudicial delay in bringing a lawsuit) applies in trademark cancellation actions, even though the U.S. Supreme Court has recently curtailed that defense in
The Strategic Use of TTAB Proceedings to Advance Trademark Registration Efforts
Yesterday we wrote about how petitions for partial cancellation under Section 18 of the Lanham Act can be creative and powerful tools when an applicant is confronted with likelihood of confusion registration refusals under Section 2(d), based on over-broad federal registrations.
Today, we’re speaking about this important tool that should be found in any
The TAKE YO PANTIES OFF Argument
— Jessica Gutierrez Alm, Attorney
In appealing the cancellation of six trademarks, the Washington Redskins filed their opening brief in the Fourth Circuit this week. Cancellation of the team’s REDSKINS trademarks was upheld by a federal district court in July. The marks were deemed “disparaging” under Section
Navigating Trademark Oppositions and Cancellation Proceedings at the 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
Navigating Trademark Oppositions and Cancellation Proceedings at the TTAB
Please join me for a live and informative 90 minute Strafford law webinar a week from tomorrow, on Wednesday August 13, at noon CST.
The topic to be covered is “Navigating Trademark Oppositions and Cancellation Proceedings at the TTAB,” and here is a link for more information.
For the discussion, I’m joined by two very
Victoria’s Secret Defends Dream Angels?
How important is the DREAM ANGELS brand to Victoria’s Secret?
Victoria’s Secret has a robust portfolio of federally-registered trademarks to protect the DREAM ANGELS sub-brand for undergarments and a line of personal care products and fragrances. Years ago, apparently Victoria’s Secret entered into a consent-to-use agreement with Airs International, a company that had rights in
Trademark Attorneys & Verified USPTO Statements
"Just because you can," is rarely a good reason to support a decision that really matters. This principle is no less true in the trademark world than it is elsewhere.
So, relying on your own navigation of the U.S. Patent and Trademark Office’s (USPTO) online search database without also seeking a trademark attorney’s competent analysis of the
Laboring Over Concurrent Trademark Registrations & Frozen Trademark Rights
Today marks the end of the 2010 Minnesota State Fair.
Sad day, but Happy Labor Day!
It also marks an opportunity to talk a bit about the frequently encountered question of trademark priority, frozen trademark rights, the creation of common law trademark rights, and the frequently forgotten concurrent registration trademark tool, using my favorite frozen custard stand at the MN State Fair, as
Get a Load of This: General Mills Takes Offense in Trademark Spat Over Spuds
They say that the best defense is a good offense. It appears that General Mills has adopted this strategy in a recent trademark dispute over the term LOADED in connection with instant potatoes.
Just yesterday, the Minneapolis St. Paul Business Journal reported the filing of a federal district court lawsuit by General Mills against Idahoan Foods, in which
Color Trademarks, Red Knobs, and Secondary Meaning
More on single color trademarks today. Eighteen months ago, Wolf Appliance obtained a federal trademark registration in connection with "a red knob or knobs" of "domestic gas and electric cooking appliances, namely, ranges, dual-fuel ranges, cooktops, and barbeque grills."
Wolf put its registration to the test a couple of weeks ago in a federal