New Trademark and Copyright Decisions: TTAB Rejects Express Abandonment of Application “Without Prejudice” After Adverse Final Decision Ninth Circuit Decision Takes Surprising Turn in Considering Copyright Damages Against Defendants with Joint and Several Liability In re Information Builders, Inc., Serial No. 87,753,964 (Feb. 25, 2021) (TTAB) [precedential], available here. When can an application be abandoned [...]
All are invited to attend our weekly SoCal IP Institute meeting on Monday, March 1, 2021 a 1:00 pm Pacific. Due to the Covid-19 situation the meeting will be conducted online via video conference. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur [...]
Recent Trademark Rulings on Trademark Deceptiveness and Confusion All are invited to attend our weekly SoCal IP Institute meeting on Monday, February 22, 2021 a 1:00 pm Pacific. Due to the Covid-19 situation the meeting will be conducted online via video conference. This activity is approved for 1 hour of MCLE credit. If you will [...]
For our weekly SoCal IP Institute meeting on Monday, January 8, 2018, we will discuss the following cases: In Re Brunetti, (CAFC, December 15, 2017) (available here). Applicant tried to register the mark FUCT for clothing. The Examining attorney refused registration and the TTAB affirmed the refusal based on § 2(a) of the Lanham Act [...]
For our weekly SoCal IP Institute meeting on Monday, July 31, 2017, we will discuss the following cases: In re Critelli, (TTAB. July 24, 2017) (available here). The USPTO refused to register the mark LAVA for outdoor survival clothing. LAVA ACCESSORIES had already been registered for "scarfs; travel clothing contained in a package comprising reversible jackets, pants, skirts, [...]
Our weekly SoCal IP Institute meeting on Monday, July 13, 2015 will be a discussion of the following cases: UVeritech, Inc. v. Amax Lighting, Inc., TTAB Cancellation No. 92057088, June 29, 2015 (available here). In this TTAB cancellation proceeding, the U.S. seller petitioned to cancel the foreign manufacturer's trademark. The TTAB ruled in favor of the U.S. seller and [...]
Our weekly SoCal IP Institute meeting on Monday, April 13, 2015 will be a discussion of the following cases: ProMark Brands Inc. v. GFA Brands Inc. (TTAB March 27, 2015) (available here). Here, ProMark (later assigned to H.J. Heinz Company) opposed GFA's trademark application for the plain word mark SMART BALANCE for: frozen appetizers containing poultry, meat, seafood or [...]
Our weekly SoCal IP Institute meeting on Monday, March 30, 2015 will be a discussion of two cases. The first is a 9th Circuit trademark case involving the exploitation of Bob Marley's likeness. For this case, we will be joined by Paul Bost, an associate in the Los Angeles office of Sheppard Mullin. He is [...]
Our weekly SoCal IP Institute meeting on Monday, February 9, 2015 will be a discussion of: In re Imes, Case No. 2014-1206 (Fed. Cir. January 29, 2015 ) (available here). Here, Mr. Imes appeals a rejection of his U.S. patent application number 09/874,423 directed to a device for communicating a digital camera image and video [...]
Our weekly SoCal IP Institute meeting on Monday, November 17, 2014 will be a discussion of a recent 9th Circuit case regarding insurance coverage of IP cases and an unusual TTAB holding. Brief synopses appear below. Street Surfing, LLC v. Great American E&S Ins., Case No. 12-55351 (9th Cir. 11/14/14 (available here): In an Amended Opinion, the 9th [...]