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Tag Archives: Trademark Trial and Appeal Board

Golden Knights Trademark Dispute Finally Resolved

Posted in Agreements, Mixed Bag of Nuts, Trademarks, TTAB, USPTO

Another update on my long-running series of posts following the NHL’s newest hockey team, the Las Vegas Golden Knights, and their embattled trademark applications for VEGAS GOLDEN KNIGHTS that were filed nearly two years ago. Most recently I posted about a challenge to the trademark applications by the U.S. Army, who opposed registration of the VEGAS GOLDEN… Continue Reading

M22/Michigan Road Sign Dispute: The Saga Continues

Posted in Branding, Mixed Bag of Nuts, Trademarks

My first post on this blog, nearly two years ago, was about a trademark dispute between the State of Michigan, and a Michigan company, M22, LLC.  M22 sells a variety of merchandise bearing an “M22” mark that appears similar to the route marker signs on Michigan Highway M-22, see photos below. M22 was granted several federal trademark registrations, including… Continue Reading

Army v. NHL – Another Challenge for Vegas Golden Knights

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

Another update on my series of posts following the trademark troubles of the NHL’s newest expansion team, the Las Vegas Golden Knights. Most recently, I posted about the USPTO’s decision to maintain a refusal to register the team’s marks in connection with clothing, LAS VEGAS GOLDEN KNIGHTS and VEGAS GOLDEN KNIGHTS (Applicant Nos. 87147236, 87147265), based… Continue Reading

Hours of Energy, But No Trademark Registration

Posted in Advertising, Branding, Fair Use, Food, Marketing, Trademarks, TTAB, USPTO

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 the… Continue Reading

Who Owns a Dead Brand?

Posted in Branding, Goodwill, Guest Bloggers, Loss of Rights, Marketing, Trademarks, TTAB

– John Reinan, Senior Director at Fast Horse, a Minneapolis marketing agency I love “orphan” cars — the marques that have gone out of business. Most of them are barely remembered by Baby Boomers, much less anyone younger. Packard, Hudson, Nash, Studebaker, Willys – these and other automakers often were stylistically and technically more advanced… Continue Reading

Shot in the Dark – the PPK Design Trademark

Posted in Advertising, Counterfeits, Famous Marks, Goodwill, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Television, Trademarks, TTAB

—Karen Brennan, attorney I found Fig. 1 (from what I am sure was a very valuable patent, although I could not locate it) to be very fitting for this post.  After three and half years, four Office Actions, a Petition to the Director and finally an appeal, our client’s product configuration mark for the PPK handgun… Continue Reading

Collar + Cuffs = Stripper?

Posted in Trademarks

–Sharon Armstrong, Attorney If there is any trademark case this year that has the media clamoring to create cute headlines, it may just be this one – In re Chippendales USA, Inc., decided by the Federal Circuit just six days ago. “Federal Circuit Leaves Chippendales Nearly Naked,” said The American Lawyer, “Judge ‘strips’ Chippendales of… 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

When the Color Black Functions, But Not as a Trademark

Posted in Advertising, Branding, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, TTAB

Now that kids are back to school and summer is coming to a close, this billboard advertisement has disappeared from I-94 just outside of downtown Minneapolis. Before it vanished from the roadside, however, I thought to capture it to tell a little trademark tale here, one from years past, but one that remains relevant, important, and applicable to trademark claims involving the color black.  As… 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

Like Sands Through the Hourglass…

Posted in Trademarks, TTAB

–Sharon Armstrong, Attorney Thinking about filing a trademark opposition against a competitor’s pending trademark application? Thinking about filing a civil suit against a competitor’s corresponding trademark use? Often, upon the filing of a civil trademark suit and a request to the Trademark Trial and Appeal Board (“TTAB”), the TTAB will suspend the opposition pending the disposition of… Continue Reading