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
Two Decades of The IP Book
Time certainly flies while you’re having fun, and for me, the past two decades of serving as an editor and author for The IP Book and also as a planner for the Midwest IP Institute is no exception:
In the 2022 IP Book you’ll find a lot of terrific content, including Tiffany and Molly‘s…
The New Washington Football Name is “Commanding” Some New Attention
The really big news that commanded attention was back in July 2020, when the NFL franchise near Washington, D.C. announced it would be “retiring the R*dskins name and logo.” You may recall this gem: NEVER Means Forever, Until it Doesn’t.
Honestly, after two seasons of the team using the generic Washington Football…
Welcome Back to TM Incapability and Merely Informational USPTO Refusals
Welcome back to another edition of Merely Informational and Incapable Marks.
The above neighborhood Applebee’s is on my usual route to going anywhere from our home, so I’m predicting I’ve passed by well more than 10,000 times.
The temporary “Dining Room Open” signage is a recent addition from a few months ago, when Minnesota…
NEVER Means Forever, Until it Doesn’t
Never is supposed to last forever. Forever is never supposed to come to an end. Neither are possible to measure in time, for as long as they continue to be true.
The wait for either to fail, can last for an infinite period of time, until they collide. We have witnessed such a collision during…
Pursuit in Series or Parallel?
Almost forty years ago, that question prompted me to rethink my engineering path after three semesters, knowing an electronic circuits lab awaited my fourth.
Over winter break, thumbing through the University of Iowa catalog in my dad’s office, looking for an alternative, I happily discovered the pharmacy curriculum.
Had I known that law school would…
Introducing the (Wuhan) Gong Show?
The Gong Show was a quirky and absurdly amusing talent show from the 70s.
It was created, produced, and hosted for a number of years by Chuck Barris.
The gong was beaten by one or more judges when they’d had enough of an act.
In reviewing…
Trademark Confusion on Orchid Lane
Upon seeing/hearing Orchid, how many will commit Orchard to memory instead?
Based on my experience, in residing on Orchid Lane more than a quarter-century, I’d venture to say, far more than you might believe — a real appreciable number.
Just this past weekend, during the age of “social distancing” guidance, someone having our…
Just Add a . . . Suggestive Trademark?
Shelter in place has delivered attention to meal delivery, prepared food delivery, contactless delivery, not to mention DIY food products, so this Kraft television commercial led me to explore if there may be a trademark story in this brand:
Upon first seeing the ad for Kraft’s Just Crack an EGG breakfast…
Hot Pockets, Strategy and the Right-Sizing of Trademark Protection?
We’ve covered many trademark and brand management themes over the last eleven years, this falls in the category: The Right-Sizing of Trademark Protection?
As reports emerge about the recent Coronavirus fear driving people to clear store shelves to stock their home pantries and freezers, a Hot Pockets TV ad hit me.
Clearly consumer packaged…