Since November 30, 2021, we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S. Trademark Office standard under Bose, to the much easier to
Your Big Trademark Predictions for 2019?
Before we think predictions for 2019, let’s consider the vast ground we’ve covered in 2018:
- The TTAB turned sixty years old, so we offered some commentary and predictions;
- Super Bowl LII came to Minneapolis, so we covered ambush marketing and fair use;
- We celebrated a Minnesota Vikings’ Minnesota Miracle, a very distant
Update: “Square Donuts” Dispute Headed to Settlement
Earlier this year I posted about a trademark dispute regarding the use of the term “Square Donuts” for square-shaped donuts. The case involved proceedings both in federal court and at the Trademark Trial and Appeal Board (TTAB), between the Square Donuts cafe in Indiana (which claimed decades of prior use and a trademark
Golden Knights Trademark Dispute Finally Resolved
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
M22/Michigan Road Sign Dispute: The Saga Continues
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
The USPTO Goes to Washington
Last week, the U.S. Senate Judiciary Committee held its oversight hearing regarding the U.S. Patent and Trademark Office (USPTO). New USPTO Director Andrei Iancu testified (see his written statement here), for the first time in his new official capacity. It was an interesting hearing–a video recording of the hearing is available here (starting at
Army v. NHL – Another Challenge for Vegas Golden Knights
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),
DYKES ON BIKES No Longer Idling After Matal v. Tam
— Jessica Gutierrez Alm, Attorney
Simon Tam wasn’t the only one barred by the Lanham Act from reclaiming a historically derogatory term.
Dykes on Bikes is a nonprofit lesbian motorcycle organization. According to their website, the group’s mission is to “support philanthropic endeavors in the lesbian, gay, bisexual, transgender, and women’s communities, and to reach
E-Sports Trademark Updates: MLB, Blizzard, ELEAGUE, and adidas
With the growing popularity of e-sports (multiplayer video-game sports competitions, often played by professional gamers for spectators–also stylized “eSports”), I’ve seen an increasing number of trademark disputes not only between video-game companies, but also between video-game companies and other non-electronics businesses selling physical goods or services. It is interesting to observe the arguments regarding bridging
Is It Five O’Clock (or 1700 Hours) Somewhere?
You’re probably familiar with the song “It’s Five O’Clock Somewhere” by Jimmy Buffet and Alan Jackson. It was the number one country single of the year back in 2003. A few years later, Jimmy Buffet submitted several trademark applications based on the song, which are now registered, including for example, IT’S FIVE O’CLOCK