Though an office action refusing registration can be disappointing, the road doesn’t have to end there, as shown by In Re Black Card LLC, where the TTAB recently reversed the decision of an examining attorney. Black Card filed to register the trademark FOLLOW THE LEADER in several different classes, including those for credit card incentive…
A client recently asked whether they should file their trademark not only in the US, but in other countries where they manufacture or sell their products. In Abitron Austria v. Hetronic, the U.S. Supreme Court provided the answer — and also served an opinion salad. The case began in the Western District of Oklahoma when…
Brooks v. Dash came to our attention from the Southern District of New York, but it began years before. The defendant, Dame Dash, ran a seminar for would-be media producers. The plaintiff, Edwyna Brooks, paid the $50 entry fee for the chance to pitch her idea to Dash: making a movie out of her four-book…
Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc. is a Supreme Court case centering on the idea of defense preclusion — or, more accurately, avoiding the issue of defense preclusion. In this case, the appellant wanted to argue that Marcel Fashions Group (Marcel) could not raise a defense that it could have raised in one of two…
In City of New York v. Blue Rage Inc, a mom-and-pop clothing store was sued for trademark violations by the City of New York. The Cop Shop, located in Massapequa, Long Island, is the culmination of former transit policeman Salvatore Piccolo’s dream to serve the law enforcement community even in retirement. In addition to providing regulation…
Cervejaria Petropolis SA v. Ambev S.A. comes our way from the Federal Circuit Court of Appeals in D.C., via the TTAB. In this case, Ambev had applied to the USPTO for registration of the mark FUSION, but was barred by the registration of the appellant, Cervejaria Petropolis (CP) for the same mark. CP had inherited the FUSION…
The District Court of Georgia recently waded into the fields of linguistics and statistics in Reinalt-Thomas Corporation , d/b/a Discount Tire v. Mavis Tire Supply, LLC. Reinalt-Thomas Tire Corporation (RTC) sued Mavis Tire Supply (Mavis) for trademark infringement caused by Mavis’ retail outfit, Mavis Discount Tires. The mark, DISCOUNT TIRE, was featured in about a billion…
What a long and winding road it’s been trying to decode the U.S. Patent and Trademark Office’s Examination Guide 4-19, its subsequent revision, and the further revisions that are likely to come. When the original version of 4-19 came out on August 3rd, it caused an uproar in the trademark law community, mostly because of a…
It seems lately that ignorance can do a lot for you — but willful ignorance won’t save you from being held liable for contributory infringement. That’s what the defendants in Luxottica GROUP, S.p.A., v. Airport Mini Mall, LLC learned recently in the 11th Circuit Court of Appeals. Originating in the District of Georgia, Airport Mini Mall (AMM)…
A recent, precedential decision from the Trademark Trial and Appeal Board (TTAB) examined the difference between a source identifier, and informational text that just happens to appear close to a logo. In Re TracFone, Inc. concerned cellular provider TracFone’s failed application for the mark UNLIMITED CARRYOVER as a trademark on the Principal Register. The question before the…
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