Posts in Trademark Trial and Appeal Board


Federal Circuit Finds TTAB Erred In Determining Genericnessof Coca-Cola’s ZERO Trademarks

On Wednesday, June 30th, the Court of Appeals for the Federal Circuit issued a decision in Royal Crown Company, Inc., et. al. v. The Coca-Cola Company which …
By Steve Brachmann
1 month ago 7

Federal Circuit Vacates TTAB’s Findings That ZERO Is Not Generic And Acquired Distinctiveness

In Royal Crown Co. v. Coca-Cola Co, the USPTO approved The Coca-Cola Company’s combination marks including the term ZERO, to be used on a variety of …

Rescuing Rapunzel: Suffolk Law Professors and students work to keep fairy tale princess in the public domain

United Trademark Holdings Inc. is attempting to trademark Rapunzel (and likely has plans for other fairy tale princess names) for its line of dolls. Law Professors Rebecca …

‘Cockygate’ Trademark Row Causes Heartbreak in U.S. Indie Romance Novel Publishing Industry

In recent weeks, the U.S. romance publishing industry has been roiling over a trademark issue which has been less-than-affectionately referred to as Cockygate. According to various …
By Steve Brachmann
2 months ago 2

TTAB Says No Likely Confusion Between Rap Producer Dr. Dre and OB/GYN Specialist Dr. Drai

On May 3rd, the Trademark Trial and Appeal Board (TTAB) issued a decision in a trademark opposition proceeding which was petitioned by Andre Young, the rapper and …
By Steve Brachmann
2 months ago 1

MLBPA Files Opposition at TTAB over ‘Here Comes the Judge’ Trademark Application

On March 21st, the Major League Baseball Players Association (MLBPA) filed a formal notice of opposition at the Trademark Trial and Appeal Board (TTAB) to challenge a …
By Steve Brachmann
3 months ago 0

TTAB denies Beyoncé requests in BLUE IVY CARTER Trademark Opposition Proceedings

In late December, Beyoncé’s trademark holding company lost out on a motion to amend the TTAB’s standard protective order to make certain information confidential under 37 …
By Steve Brachmann
7 months ago 0

Can the name of a fictional, intergalactic game evolve into a trademark protectable in the world of mere groundlings?

In its latest action in a multi-jurisdictional conflict with a mobile gaming producer, Lucasfilm Ltd. LLC and Lucasfilm Entertainment Company Ltd. LLC filed a complaint for trademark …
By Cliff Kuehn
7 months ago 7

Vegas Golden Knights trademark challenged by U.S. Army at TTAB

The notice of opposition filed by the Army to challenge the “VEGAS GOLDEN KNIGHTS” mark cites multiple grounds for opposition including priority and likelihood of confusion, dilution …
By Steve Brachmann & Gene Quinn
7 months ago 0

Prohibition of Immoral or Scandalous Trademarks Held Unconstitutional

In re Brunetti, the Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision affirming a refusal to register the mark “FUCT” because it comprised immoral …

Making Sense of the Nonsensical: A look at Scent Trademarks and their Complexities

Hasbro’s recent application to trademark the scent of Play-Doh is an example of how companies in the digital age market their products and protect their market …
By Franco Galbo
8 months ago 1

Court affirms TTAB refusal to register ‘FIRST TUESDAY’ trademark for NC Lottery

In re N.C. Lottery, Appellant North Carolina Lottery (“N.C. Lottery”) sought to register the mark “FIRST TUESDAY” in connection with lottery services and games to …

Music Artist will.i.am Cannot Trademark “I Am”

In re i.am.symbolic, llc, William Adams, better known by his stage name “will.i.am”, was refused registration of a Trademark for “I AM” on …

Kroger files suit against Lidl alleging trademark infringement of private grocery food label

Cincinnati, OH-based grocery retailer Kroger Company (NYSE:KR) recently filed a trademark infringement suit against German-based discount supermarket chain Lidl over a private food label. The suit, …
By Steve Brachmann
1 year ago 1

Supreme Court Ruling Opens Door to Additional Constitutional Challenges to the Lanham Act

The Supreme Court ruled that the anti-disparagement clause in the Lanham Act violates the Free Speech Clause in the First Amendment. Matal v. Tam. As a result, …
By Damian R LaPlaca
1 year ago 0

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