A recent trademark opposition case before the U.S. Trademark Trial and Appeal Board presents a discussion of priority based on common law rights.
In Mazama Brewing Company, LLC v. Sumerian Brewing Company, LLC, Applicant sought registration of the mark HOPRUPTION DOUBLE IPA for beer in Class 32. Opposer brought a motion for partial summary judgment
The U.S. Trademark Trial and Appeal Board has disclosed first and second quarter filing and pendency statistics for 2018. Year to date (YTD) statistics as compared to the same period in 2017 include the following:
U.S. Trademark Trial and Appeal Board filings
Many trademark attorneys believe that the goal of a TTAB discovery conference is to zealously prepare for litigation. A better approach is to view it through the lens of a favorable settlement outcome. Since over 90% of trademark oppositions settle prior to trial, it makes sense to do so.
According to U.S. Trademark Trial and
When it comes to trademark oppositions, it pays to be Kühl.
In Alfwear Inc. v. Shuff, the U.S. Trademark Trial and Appeal Board was asked to consider whether the Applicant’s KU:L and design trademark for bicycles in International Class 12 created a likelihood of confusion with Opposer’s asserted “family” of KUHL trademarks for inter alia
In a case that could have far-reaching implications, the U.S Supreme Court has ruled that an Asian-American rock band is entitled to a federal trademark registration of its name.
The band, The Slants, had originally had its trademark application refused by the Trademark Office because “the applied-for mark consists of or includes matter which may
the Opposer opposed the intent to use application of Applicant’s mark HALO for handbags, briefcases, electric adapters and a wide variety of other business accessories on the ground of likelihood of confusion under Section 2(d) of the Trademark Act. As the basis
Not all trademarks are created equal.
In a decision of a rarely invoked dictum of trademark law, the U.S. Trademark Trial and Appeal Board ruled that the phrase I BELIEVE THAT WE WILL WIN failed to function as a trademark and thus was not entitled to registration. The case, United States Soccer Federation, Inc. v.