It’s about that time of year, when you may be thinking about tax season. Tax day is still a few months away, but you may already have received your W-2, or 1099, (or other various assortments of mysterious numbers and letters), which will determine how much you’ll owe Uncle Sam (or perhaps a nice refund
A Disclaimer for Disclaimers at the USPTO
You know that feeling when you’ve nearly crossed the finish line? You have done the work, put in the time, and the only step left is to run through the tape.
There can be similar moments with trademark applications, too. Admittedly, it may not be as exciting for other people, but I certainly enjoy it.
Hours of Energy, But No Trademark Registration
The energy drink businesses is big, big business. From Red Bull and Monster to that strange 35 ounce purple can that you saw in a gas station once, consumers love energy drinks. Along with Red Bull and Monster, 5-Hour Energy is one of the most successful and recognizable brands. Innovation Ventures, LLC, the owner of
Happy Thanksgiving(R) Dolls and Guys
Thanksgiving is, without a doubt, my favorite holiday. It’s a day to reflect on our many fortunes and to spend time with family eating delicious turkey, potatoes, and pie (and maybe watching some football). It seems that the Christmas trees, music and displays spring up at local retailers earlier and earlier each year, usually immediately
Finger on the Pulse
–Sharon Armstrong, Attorney
We at DuetsBlog like nothing more than to be trend-spotters and, dare I say it, predictors of things to come. Okay, maybe I’m just talking about me.
But I think it’s fair to say that a lot of us saw the concern about the treatment of so-called “green” trademarks at the United
Redefining a Trademark Bully?
We’ve spilled a lot of digital ink discussing the trademark bullying topic, going all the way back to my original blog post from 2010: “The Mark of a Real Trademark Bully.”
Within the last several days, there has been quite a bit of online media coverage about Trademarkia’s new features that tout an
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
Registration Symbol Misuse As Trademark Fraud?
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
Trademark Fraud = Reckless Disregard For The Truth?
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 to the far more scintillating topic of trademark fraud before the United States Patent and Trademark Office (USPTO).
As you may recall last year, I wrote about the Court of Appeals for the Federal Circuit’s (CAFC) groundbreaking decision In re Bose, here, here, here, and here, in which the CAFC rejected the Trademark Trial and Appeal Board’s (TTAB) less stringent "knew or should have known" negligence standard of fraud, instead coming down in favor of a much more stringent — and difficult to prove standard — subjective intent to deceive the USPTO.
Over the last year, much attention has been given to the fact that the CAFC left open and chose not to decide, in In re Bose, the question of whether a "reckless disregard for the truth" may suffice in proving the necessary subjective intent to deceive. Many argue that "reckless disregard" should suffice in proving fraud for the sake of the integrity of the U.S. trademark system, to ensure that trademark owners and their counsel are kept honest and/or don’t become lazy or complacent about the solemnity of the oath in their trademark filings.
Reading the tea leaves, I’m predicting that the TTAB will not wait for the CAFC to decide the issue and the TTAB will rule that "reckless disregard" constitutes a sufficient level of culpability to infer a specific intent to deceive. If so, what does that mean? What kind of trademark conduct might satisfy a "reckless disregard" standard?Continue Reading Trademark Fraud = Reckless Disregard For The Truth?
A Famous Trademark That Casts a Very Long Shadow
This 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