Sarah Brooks

is a partner in Venable LLP’s Intellectual Property Litigation Practice in Los Angeles. She focuses on litigating intellectual property disputes, including patent, trademark, trade secret, antitrust, and copyright litigation. Sarah counsels a broad range of large and small technology companies, including consumer product, wireless technology, mechanical device, computer science, biotech, medical device, toy, and sporting companies. She achieves positive outcomes for clients in court with dispositive motions, motions in limine, and Markman hearings. She has also prevailed in numerous trials in federal court.

Recent Articles by Peloton Wants to Cancel the Mark SPINNING for Being Generic – the TTAB Has Rarely Granted Such a Petition

Peloton Wants to Cancel the Mark SPINNING for Being Generic – the TTAB Has Rarely Granted Such a Petition

Peloton’s petitions to cancel Mad Dogg’s registered trademarks for SPIN and SPINNING (in Classes 41 and 28) for genericism ask the Trademark Trial and Appeal Board (TTAB) to do what it has rarely done before – cancel marks that were distinctive at the time of filing for losing distinctiveness due to the public’s overuse of the terms. While the TTAB has refused to register or cancel registered marks that were generic terms at the time the trademark applications were filed, the TTAB has rarely cancelled a mark that was distinctive when registered, but over time, became a generic term and lost its distinctiveness, as Peloton argues in its petitions. For example, “Kleenex” is often referenced when discussing generic brands, and while Kimberly-Clark Corporation has faced petitions for cancellation of its “Kleenex” mark, “Kleenex” has remained a registered mark of Kimberly-Clark Corporation since 1924.