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Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. The book closes with Chapter 21 by Susy Frankel, focusing on the interactions between IP and traditional knowledge (TK).
In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek's identical common law mark, also for comic books.
In a "somewhat unusual" Section 2(d) cancellation proceeding targeting a Supplemental Register registration and involving "dueling claims of acquired distinctiveness," the Board granted a petition for cancellation of Fieldvine's Inc's registration for the mark PERMITS.COM for construction permit services.
Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, servicemarks, logos, symbols, series marks, etc [1]. 1] Acharya, M. 2022, February 28).
TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? Yes] TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Guess What?
As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. But trademarks are not mentioned in that foundational document. Copyright Office, after what amounts to a much lighter review process.
In this opposition to registration of the mark BLIZZARD for various business services, Applicant Ava Labs, Inc., counterclaimed to cancel two pleaded registrations owned by Opposer Blizzard Entertainment for online retail store and mail order services. Iqbal , 566 U.S. 662, 678 (2009). In re Dr. Pepper Co.,
The USPTO refused to register the proposed mark UNFORGETTABLE TRIPS for "travel agency services, namely, making reservations and bookings for transportation" [TRIPS] disclaimed], finding confusion likely with the registered mark shown below, for the identical services [HONEYMOONS disclaimed].
However, when the evidence is insufficient to show that a proposed mark has been widely used in connection with the goods at issue, it is improper to refuse registration on the ground of failure-to-function. The critical issue, of course is how the relevant public perceives the proposed mark.
In doing so the Board held that video game characters are not per se registrable without a showing that they function as marks. Color was not claimed as part of the mark. [1] ” Instead, Applicant argued that any display of the character on the specimens submitted to support registration suffices to show use as a trademark.
The Board dismissed an opposition to registration of SPLIT DECISION for "Entertainment services in the nature of live visual and audio performances, namely, musical rock band," finding that Opposer Billy Stott failed to carry his burden to prove that Applicant Split Decision Music, LLC was not the owner of the mark.
trademarks, servicemarks, commercial names, and designations; industrial designs; and any other rights stemming from intellectual endeavors in industrial, scientific, literary, or artistic spheres. 2] Eastern Book Co v D B Modak, (2008) 1 SCC 1. [3] 3] PRACTICE AND PROCEDURE MANUAL. [4] 6] Thaler V Vidal, No. 21-2347 (Fed.
In fact, since the adoption of the Paris Convention for the Protection of Industrial Property in 1983, which applies to both Spain and the United Kingdom’s industrial property systems (among others), contracting States are required to refuse the registration and to prohibit the unauthorized use of trademarks including armorial bearings (e.g.,
Trademark bullies breathed a sigh of relief when, in this opposition to registration of the mark shown below for delivery of medical cannabis via car service, the Board rejected Applicant Greenersides affirmative defense of unclean hands. Here, the Board found that DoorDash was merely exercising its right to protect its marks.
Examining Attorney Jaclyn Kidwell Walker maintained: "It is clear based on all the attached evidence that applicant ONLY provides yacht payment services and does not engage in the chartering services themselves." citations omitted].
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