Posts Tagged: "ttab"

‘FUCT’ SCOTUS Case Applicant Fails to Convince TTAB to Register FUCK Mark

The U.S. Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) yesterday rejected Erik Brunetti’s attempt to reverse an examiner’s decision to refuse four separate registrations for the mark “FUCK” for luggage, cell phone cases, jewelry and other goods and services. Brunetti was the respondent in the 2019 Supreme Court case, Iancu v. Brunetti (Case No. 18-302), in which the court held that the Lanham Act’s blanket ban on federal registration of “immoral or scandalous” trademarks is unconstitutional under the First Amendment. The mark at issue in that case was “FUCT,” for use on streetwear.

CAFC Upholds Barclays’ Claim to LEHMAN BROTHERS Marks

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential trademark decision upholding a Trademark Trial and Appeal Board (TTAB) ruling that sustained two oppositions filed by Barclays Capital Inc. against Tiger Lily Ventures’ applications for registration of the standard character mark “LEHMAN BROTHERS.” The court also affirmed the dismissal of Tiger Lily’s opposition to Barclays’ application for registration of the LEHMAN BROTHERS mark and dismissed Barclays’ cross-appeal.

APPLE JAZZ Mark Owner Hits Back at TTAB for Suspending Cancellation Case Against Apple

Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. Bertini also filed a motion in October of last year with the U.S. Court of Appeals for the Federal Circuit (CAFC) requesting that he be allowed to present evidence not of record to demonstrate that bias at the TTAB may have had a negative impact on his opposition against Apple, Inc.’s federal registration for “Apple Music”.

CAFC Denies Registration for Stylized .SUCKS Mark

The U.S. Court of Appeals for the Federal Circuit ruled earlier today that a stylized form of the trademark for the .SUCKS domain name failed to create a “separate commercial impression” warranting registration by the U.S. Patent and Trademark Office (USPTO). Vox Populi Registry Ltd. is the domain registry operator for the controversial .SUCKS generic top-level domain (gTLD). The USPTO’s Trademark Trial and Appeal Board (TTAB) in October 2020 affirmed an examiner’s decision to refuse the stylized mark, as well as the standard character word mark for .SUCKS.

Spotify Successfully Opposes Two Marijuana-Related Trademark Applications

On January 11, the U.S. Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. Applicant U.S. Software Inc. filed trademark applications for POTIFY in standard characters, and stylized with a design on July 17, 2017, and May 2, 2018, respectively. These applications sought to register POTIFY for: “downloadable software for use in searching, creating and making compilations, rankings, ratings, reviews, referrals and recommendations relating to medical marijuana dispensaries and doctor’s offices and displaying and sharing a user’s location and finding, locating, and interacting with other users and place, in International Class 9.”