In a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between them
Continue Reading TTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion DefenseSupreme Court Rejects TRUMP TOO SMALL Trademark
“TRUMP TOO SMALL”
This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back
Continue Reading Supreme Court Rejects TRUMP TOO SMALL TrademarkFair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the Consequences
On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing
Continue Reading Fair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the ConsequencesAll I Want For Christmas Is…A Trademark?
When November 1st hits, you can almost guarantee that you will start hearing familiar Christmas songs, one of which being Mariah Carey’s “All I Want For Christmas.” The song
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The Federal Circuit Deals Another Blow to the Lanham Act, Finding Section 2(c) Unconstitutional as Applied to a Refusal to Register TRUMP TOO SMALL
Last week, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a TTAB decision affirming a refusal to register the phrase TRUMP TOO SMALL because it “comprises
Continue Reading The Federal Circuit Deals Another Blow to the Lanham Act, Finding Section 2(c) Unconstitutional as Applied to a Refusal to Register TRUMP TOO SMALL
The TTAB: Service Mark Use Requires More Than Just Preparation
On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the
Continue Reading The TTAB: Service Mark Use Requires More Than Just Preparation
The TTAB: “Knowing Intent to Deceive” is the Lynchpin of A Fraud Claim
All TTAB practitioners are familiar with the heightened standard of proof required to prove fraud before the USPTO. However, many forget that proving an intent to deceive the USPTO, not
Continue Reading The TTAB: “Knowing Intent to Deceive” is the Lynchpin of A Fraud Claim
Be Precise When Expressly Abandoning a Trademark Application or Face the Consequences
In a recent precedential decision, the Trademark Trial and Appeal Board (“TTAB”) cautioned practitioners to be careful what they ask for and to draft their filings accordingly.
On September 8,
Continue Reading Be Precise When Expressly Abandoning a Trademark Application or Face the Consequences
Precedential TTAB Decision Revisits Claim and Issue Preclusion
In a recent precedential decision, the TTAB again revisited the doctrines of claim and issue preclusion.
Valvoline Licensing & Intellectual Property LLC (“Valvoline”) opposed Sunpoint International Group USA Corp.’s (“Sunpoint”)
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TTAB Cancels Registration for Gun Barrel Trade Dress on Grounds of Functionality
On May 20, 2021, the TTAB issued a lengthy and comprehensive precedential opinion canceling Proof Research, Inc.’s registration for the trade dress of a gun barrel (as shown below) on
Continue Reading TTAB Cancels Registration for Gun Barrel Trade Dress on Grounds of Functionality