Trademark Notice Issues, TTAB Reply Briefs

Please join us Monday, August 21, 2023 where we will discuss Trademark Marking Notice and TTAB Issues.  Specific issues will include: What are the requirements of Trademark Marking Notice and how do they affect damages in a lawsuit?  What about Virtual notice? In TTAB cancellation or Opposition Proceedings, what topics are permitted in Reply Briefs? [...]

By |2023-11-09T13:30:26-08:00August 11th, 2023|Functionality, Damages, TTAB, Trademark, Uncategorized|0 Comments

Rx patent monopoly and Lizzo TM win

Please join us Monday, March 6, 2023 where we will discuss Rx patent monopoly issues and Lizzo's TM win.  Specific case discussions will include: AbbVie Rx Patent Monopoly Strategy Against Biosimilars - AbbVie makes Humera for arthritis and extended its monopoly for 7 years past the 2016 expiration date of its basic patent on the [...]

By |2023-11-09T13:31:44-08:00March 2nd, 2023|FDA, monopoly, TTAB, Trademark, Patent, Antitrust|0 Comments

Unmarked Vape Pens and No-Name Pianos with Fake Names

This week we have a pair of IP cases about marking. First, a patent case, Lubby Holdings v Chung, where a vape device company should have marked its products with the patent number. Second, a trademark case, Piano Factory v Schiedmayer Celesta, in which a piano vendor marked its cheap pianos with a fancy name. [...]

Prior Art Status of Printed Publications and Unclean Hands in TM Infringement

On Monday, August 12, Michael Harris will conduct a discussion of two cases, one dealing with the prior art status of a printed publication, and the other about unclean hands as a defense to trademark infringement. The 2021, Ninth Circuit case of Metal Jeans, Inc. v. Metal Sport, Inc. (case here) is the unclean hands case. [...]

By |2021-08-13T14:05:37-07:00August 13th, 2021|Damages, Use in Commerce, TTAB, Trademark, Sanctions, Patent, Litigation|0 Comments

Two Gotchas: Derivative Work Denied Copyright Registration; Insufficient Proof of Non-Use in Trademark Cancellation Action

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment. In [...]

By |2021-08-05T21:16:43-07:00August 5th, 2021|Damages, Use in Commerce, TTAB, Trademark, Litigation, Copyright|0 Comments

New Trademark and Copyright Decisions

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 [...]

By |2023-11-09T13:36:26-08:00March 6th, 2021|Deceptive, Likelihood of Confusion, TTAB, Trademark|0 Comments

Trademark Deceptiveness and Confusion

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 [...]

By |2023-11-09T13:36:45-08:00February 20th, 2021|Deceptive, Likelihood of Confusion, TTAB, Trademark|0 Comments

January 8, 2018 Trademark Office’s Bar on Immoral or Scandalous Marks is Unconstitutional Under the First Amendment ; Is DRIVEWISE confusingly similar with auto technology and insurance?

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 [...]

By |2018-01-08T09:18:01-08:00January 4th, 2018|TTAB, Likelihood of Confusion, Trademark|0 Comments

SoCal IP Institute :: July 31, 2017 :: Clothing Trademarks ; Functional Designs

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, [...]

By |2017-07-26T09:31:05-07:00July 26th, 2017|Likelihood of Confusion, Invalidity, TTAB, Trademark|0 Comments
Go to Top