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26 July 2018

TTAB finds sales to single customer, although not substantial, sufficient to avoid abandonment of MOMBACHO for cigars

The US Trademark Trial and Appeal Board has dismissed a petition for cancellation of the mark MOMBACHO for cigars, rejecting the contention that the respondent's meager sales did not qualify as bona fide use of the mark.

18 July 2018

Well-known marks: multijurisdictional approaches to fame

Obtaining well-known status for a trademark can be a powerful tool for rights holders. However, different approaches must be used to secure enhanced protection. This three-part series considers the best route in 10 key jurisdictions, starting with the United States.

13 July 2018

ICE’s anti-counterfeiting efforts highlighted as US politicians call for its abolition

Legislation was tabled yesterday in the US House of Representatives calling for the abolition of the Immigration and Customs Enforcement (ICE). It sparked a reminder on the agency's crucial role in the fight against counterfeit goods.

13 July 2018

Fifth Circuit: keep your claws off THE KRUSTY KRAB

In a case regarding the Krusty Krab restaurant from SpongeBob SquarePants, the US Court of Appeals for the Fifth Circuit has confirmed that a specific element from a television series can receive trademark protection.

12 July 2018

Can ear plugs tune out colour? Bright green colour for ear plugs not functional

In a case involving competing producers of foam ear plugs, the US Court of Appeals for the Ninth Circuit has held that there remained a dispute of material fact as to whether the bright green colour is functional for ear plugs.

10 July 2018

Federal Circuit: TTAB applied wrong test in finding Coca-Cola’s ZERO mark not generic for soft drinks

The US Court of Appeals for the Federal Circuit has vacated a decision of the TTAB, holding that the latter had "asked the wrong question" in determining the genericness of Coca-Cola’s ZERO mark.

05 July 2018

Eighth Circuit: phonetically identical description of competing dog bags does not necessarily cause confusion

In a case involving competitors in the dog bag market, the US Court of Appeals for the Eighth Circuit has affirmed a summary judgment finding that no evidence had been presented from which a jury could infer that consumers were likely to be confused.

03 July 2018

Registered trademark protection helps US companies to innovate and grow, new study reveals

Research from the USPTO has revealed that registered trademark protection helps companies to grow, employ more people and innovate. Along with a slew of similar research findings, the study reinforces efforts to communicate the benefits of trademark rights.

29 June 2018

How brands should prepare for the big changes coming to Canada’s trademark market: exclusive data analysis

In our latest report, we delve into Canada’s trademark landscape. We examine how a major overhaul of its trademark laws may lead to a clogged up register, take a look at filing and litigation trends, and much more.

28 June 2018

Trump administration tariffs “could help legitimise fake goods”: trade associations join up to sound alarm bells

Six major US trade associations have joined forces to send a letter warning that the Trump administration’s recent tariffs place “significant barriers on the fight against harmful fakes” and calls for an urgent rethink.

25 June 2018

Just what the doctor ordered: the top trademark filer in the US last year was a New York physician

New data has revealed the leading trademark filers at the USPTO in 2017, with a Brooklyn-based doctor beating out major companies to lead the pack. One expert says “trademark league tables might not be dominated by large corporations in the future”.

20 June 2018

adidas v Skechers: was a preliminary injunction proper?

The US Court of Appeals for the Ninth Circuit has affirmed in part and reversed in part a preliminary injunction prohibiting Skechers from selling shoes that allegedly infringed and diluted adidas’ trade dress and trademark.  

18 June 2018

BACKYARD GRILL summary judgment gets burnt by Fourth Circuit

In Variety Stores Inc v Wal-Mart Stores Inc, the US Court of Appeals for the Fourth Circuit has reversed summary judgment in a trademark infringement dispute over the use of the term 'Backyard' on grills.

13 June 2018

Second Circuit gives tidy answer on attorneys' fees in SLOPPY TUNA trademark row

In a dispute over use of SLOPPY TUNA for a restaurant, the US Court of Appeals for the Second Circuit has addressed for the first time whether attorneys’ fees should be included in an award of costs.

08 June 2018

“I wish the US president had opposed my trademark” – applicant of registered Trump mark on treating IP as art

​​​​​​​A popular author has successfully registered a trademark for the term GRABBA THE TRUMP. Talking to World Trademark Review, the applicant states that he enjoys provoking major brands with his trademark applications.