Posts Tagged: trademark law


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 …
10 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) …
18 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 …
1 month ago 0

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

Trademarks – Lessons of the Blue Dot

A trademark is the simplest and often the most effective IP protection. A trademark is a broad term that applies to any word, name, symbol or device …
5 months ago 2

Confusion Preclusion: SCOTUS Says TTAB Has Preclusive Effect

There was a split in the circuit courts as to what effect a TTAB decision will have, and this depends heavily upon where the litigation is happening. …
5 months ago 0

Leason Ellis Continues to Fight Deceptive Trademark Practices

n a memorandum decision handed down July 2, 2014, by the U.S. District Court for the Southern District of New York, most of the plaintiff claims in case 7:13…
1 year ago 0

Legally Suspect TTAB Decision Cancels Redskins Trademark

While this decision will be widely cheered by many who are concerned with political correctness, there is absolutely no doubt in my mind that from a legal …
1 year ago 25

Business Owners Need Federal Trademark Rights

But deciding to apply for a federal trademark registration isn't the end-all-be-all. Frequently a name or mark is selected for a business without a trademark search ever …
2 years ago 10

Selecting the Right Trademark for Your Business

You have probably had circumstances when you have positively associated with a certain trademark. Perhaps you were traveling and had the option to eat at one of …
2 years ago 3