A commonly used forum to resolve trademark registration issues, which also commonly resulted in negotiated settlements over the use of mark, may no longer be so common. Today, the United States Supreme Court issued its heavily anticipated opinion in the B&B Hardware v. Hargis Industries case, which involved the issue of whether TTAB decisions on
TTAB
Single-Letter Trademark Battles: Who Gets the W for “W”?
-Wes Anderson, Attorney
How much trouble can a double-U make? If you’ve been following this blog over the years, you know the answer: quite a lot.
This blog has written extensively on the trials and tribulations that may accompany single-letter trademark applications, and the letter “W” in particular. You may then conclude, quite correctly, that…
The College Football Playoff™ college football playoff
This past Sunday, the College Football Playoff Committee unveiled the four college football teams that will be participating the very first playoff in college football. The festivities begin Jan. 1, 2015, with Oregon battling Florida State in the Rose Bowl followed by Alabama and Ohio State duking it out in the Sugar Bowl.…
Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court
Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark Trial and Appeal Board (TTAB) of the USPTO.
The TTAB can be a cost effective forum for parties…
Angels in the Outfield and in the Bloodmobile
Most people likely know that the Los Angeles Angels are a baseball team. But did you know they are also a blood bank? Me neither! But according to a filing with the U.S. Patent and Trademark Office (USPTO), it appears that the Angels are, or at least claim to be.
At issue are two pending…
Red Bull v. Victoria’s Secret
When getting your wings might give you trouble from the one that gives you wings:
Looks like Red Bull — owner of federally-registered rights in Gives You Wings — is considering a trademark opposition to prevent registration of Get Your Wings by Victoria’s Secret.
Interesting and unlikely adversaries to say the least.
Any predictions…
Having “Just Ship It” Reluctance?
Seth Godin — famous for inspiring those who create to “shipit” — took the opportunity yesterday to respond to those who contend he encourages others to “just ship it.”
In Godin’s response he takes issue with the word “just,” because it “implies a throwaway“:
“The just has
…
Tie Goes to the Brand or Generic Name?
Boys baseball occupied a fair portion of my evenings last week and this past weekend, a game where almost everyone has at least heard: The tie goes to the runner (when it comes to running the bases anyway — because when it comes to the final score the game continues until someone wins, even if…
Chick-fil-A Goes Stealth in “Eat More Kale” Trademark Dispute?
The question for the day is not, why did the chicken cross the road, but rather, why did the chicken file an ex parte Letter of Protest with the Office of the Deputy Commissioner for Trademark Examination Policy at the United States Patent and Trademark Office (USPTO), just a few months ago?
To get to…
Trademark Bully Update: IPO Says Not a Problem
The Intellectual Property Owners Association (IPO) submitted its comments last Friday in response to the USPTO’s recent invitation for input on whether “trademark bullying” is a problem.
In response to the USPTO’s key question “Do you think trademark ‘bullies’ are currently a problem for trademark owners, and if so, how significant is the…