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.
What’s in a name? In the case of two publicly-known personalities and merchandisers, it could mean millions of dollars.
Kylie Minogue, singer and actress, has filed a notice of opposition with the U.S. Trademark Trial and Appeal Board against Kylie Jenner’s application for registration of the mark KYLIE for a wide variety of goods and
In a recent case before the U.S. Trademark Trial and Appeal Board, the TTAB provided useful guidance regarding the burden of proof that parties must meet in trademark opposition proceedings.
In Brick Bodies Fitness Services, Inc v. BRIK Fitness Solutions LLC, the Board held that the mark BRIK FITNESS and Design was likely to cause
The United States Patent and Trademark Office recently released its TTAB filing and performance statistics for the fiscal year 2015.
While there have not been any substantial deviations from 2014 filing statistics, the recent Supreme Court decision in B & B Hardware, Inc. v. Hargis Industries, Inc. will most likely result in an increase
In a decision with wide-ranging implications to trademark owners everywhere, the U.S. Supreme Court has just ruled that in certain cases, brand owners may be precluded from bringing claims or defenses based on trademark infringement in U.S. District Court if the issue of likelihood of confusion was previously adjudicated in a trademark opposition proceeding before
Each year, companies spend millions of dollars to protect their valuable brand names from competitors.
While a majority of such enforcement efforts take place online and in federal courts, one of the most effective tools for trademark enforcement resides within the confines of the U.S. Patent and Trademark Office: the trademark opposition.
Trademark enforcement programs, also known as trademark monitoring programs, provide an important and proactive means for companies to monitor the commercial marketplace and federal and state trademark registries for possible trademark infringement violations.
Companies should consider the following steps to properly protect their valuable trademarks rights in the United States:
1. Conduct a Trademark Audit
Trademark owners who are considering whether to bring a trademark opposition should keep in mind the Boy Scouts® motto: be prepared. Not all trademark opposition cases are alike; therefore in assessing the strength of a particular case, it is wise to consider three elements that could have a significant impact on the likelihood of
Take cover, a trademark gunfight is brewing!
The First Shot: Duke University
John Wayne, our matinee idol, the symbol of the American West, is being tested once again. No, not on the silver screen, but before the U.S. Trademark Trial and Appeal Board. His antagonist? Duke University, best known for stellar academics, bucolic settings, and
