Opposition – SoCal IP Law Institute

SoCal IP Institute :: April 18, 2016 :: Mark Fails to Prove Acquired Distinctiveness at TTAB; Google Adwords Don’t Infringe

For our weekly SoCal IP Institute meeting on Monday, April 18, 2016, we will discuss the following cases: Ayoub, Inc. and Ayoub Supply, LLC v. ACS Ayoub Carpet Service (TTAB March 31, 2016) (citable decision) (available here). In an opposition proceeding, applicant could not demonstrate that "Ayoub" had acquired distinctiveness due to lack of substantially exclusive use, [...]

By SoCal IP|2016-04-15T10:53:10-07:00April 15th, 2016|Inherent Distinctiveness, Noninfringement, Opposition, Litigation, Patent, Trademark, Acquired Distinctiveness, TTAB, Acquired Distintiveness, Claim Construction, Declaratory Judgment, Descriptiveness|0 Comments

SoCal IP Institute :: April 13, 2015 :: A Citeable TTAB Decision (ProMark v. GFA) and Timely Atty Fees Motion in Slep-Tone

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 [...]

By SoCal IP|2015-04-10T15:26:53-07:00April 10th, 2015|Descriptiveness, Exceptional Case, Likelihood of Confusion, Opposition, Litigation, Patent, Trademark, TTAB, Use in Commerce, Attorney's Fees, Attorneys' Fees|0 Comments

SoCal IP Institute :: August 4, 2014 :: Patent infringement and Trademark oppositions

Our weekly SoCal IP Institute meeting on Monday, August 4, 2014 will be a discussion of a patent infringement case and a trademark opposition. Brief synopses of the cases appear below. Amdocs (Israel) Limited v. Openet Telecom, Inc., No. 2013-1212 (Fed. Cir. August 1, 2014) (available here). Amdocs sued Openet for infringing four of its [...]

By SoCal IP|2014-10-29T09:51:36-07:00August 3rd, 2014|TTAB, Claim Construction, Descriptiveness, Likelihood of Confusion, Noninfringement, Opposition, Patent, Trademark|0 Comments

SoCal IP Institute :: June 11, 2012 :: Trademark Dilution and Irreparable Harm for Preliminary Injunction

We will be discussing one Trademark Trial and Appeal Board case and one Federal Circuit case during our weekly SoCal IP Institute meeting on Monday, June 11, 2012. Brief synopses are presented below. Research in Motion Ltd. v. Defining Presence Marketing Group, Inc. & Axel Ltd. Co., Opposition Nos. 91178668, 91179490, 91181076 (T.T.A.B. Feb. 27, [...]

By SoCal IP|2012-06-08T19:29:45-07:00June 8th, 2012|TTAB, Dilution, Infringement, injunction, Invalidity, Likelihood of Confusion, Obviousness, Opposition, Uncategorized, Preliminary Injunction|0 Comments

SoCal IP Institute :: April 11, 2011 :: Fed. Cir. R. 28(d) Sanctions and Likelihood of Confusion Analysis

We will be discussing two recent, relevant opinions in our weekly SoCal IP Institute meeting on Monday, April 11, 2011. The first case is a decision imposes sanctions on an over-zealous use of confidential designations in Federal Circuit briefing. The second case affirms a TTAB decision to deny a trademark opposition. A brief synopsis of [...]

By SoCal IP|2011-04-08T17:30:59-07:00April 8th, 2011|Sanctions, Opposition|0 Comments