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, tops and a belt or scarf.” Applicant appealed mainly arguing that the goods did not compete, the goods were not sold to the same customers, and the goods were not sold for the same purpose. The board reversed the refusal.
In re Change Wind Corp., (TTAB. July 20, 2017) (available here). The TTAB affirmed a refusal to register a product configuration for a wind turbine design. The examining attorney found (1) the design was primarily functional and (2) evidence provided by applicant that the design had acquired distinctiveness was insufficient. The TTAB focused its analysis on the presence of a utility patent and applicant’s advertisements emphasizing the utility of design for the product.