Posts in Trademark


Third-Party Use of Similar Marks Relevant to Strength of Opposer’s Trademark

The Federal Circuit explained that evidence of third-party use bears on the strength or weakness of an opposer’s mark. In this case, which arose as an …
8 days ago 0

Genuine Use: How much use is ‘genuine use’ in the European Union?

When an undertaking operates in more than one country of the European Union it is a wise legal choice to apply for a trademark on a community …
9 days ago 0

Federal Circuit affirms rejection of trademark for refusal to disclaim descriptive term

The Federal Circuit affirmed the TTAB, noting that substantial evidence supported the TTAB’s findings. Where, as here, the disputed term is highly descriptive, the TTAB acted …
15 days ago 0

Sky is still blue for Skype trademark in Europe

In the decision dated 5th May, 2015, the General Court of the European Union concluded, upon examining the opposition by British SKY Broadcasting Group Plc (now SKY International) …
17 days ago 0

eBay removes spin bike listings because ‘spin’ is apparently trademarked

VeRO is ebay’s Verified Rights Owner program. VeRO allows a right’s owner (someone who has a verified trademark, copyright, etc.) to request removal of an …
30 days ago 0

Federal Circuit Review – Issue 60 – July 23, 2015

This week in the Federal Circuit Review: (1) Proposed rejections to claims added during Inter Partes Reexamination are not evaluated for substantial new question of patentability (Airbus S.…
1 month ago 0

Terminology Management: Ensuring a Consistent Brand When Protecting IP Overseas

A North American fondue restaurant franchise found out just how essential terminology management can be when it expanded into Mexico in 2010. A translation service provider previously translated …
2 months ago 0

Big Tobacco Heads to Court Over Cigarette Plain Packaging Laws

The British legislation, aimed at curbing demand for cigarettes, requires that all cigarettes be sold in uniform packs with all branding, including colors, logos and other trademarks, …
2 months ago 4

Trademark Bullying: Defending Your Brand or Vexatious Business Tactics?

The USPTO defined the term Trademark Bullying as the vexatious practice of a trademark owner that uses its trademark rights to harass and intimidate another business beyond …
2 months ago 1

Bad News for the Redskins Trademark – Registration Exempt from First Amendment Scrutiny

Last Wednesday the Eastern District of Virginia issued its opinion and order on cross-motions for summary judgment in Pro-Football v. Blackhorse, the case in which the National …
2 months ago 1

Free Speech or Scandal? The Slants Case and the Future of Disparaging Trademarks

Last week the Federal Circuit scheduled oral argument en banc in THE SLANTS trademark case for the morning of October 2, 2015, taking up the question of whether §2(a) …
2 months ago 10

India seeks more foreign investment but throttles IP rights through compulsory licensing

A recent trend towards compulsory licensing has also raised red flags for many. In March 2012, the Indian Patent Office granted the country’s first compulsory license to …
2 months ago 6