Taco Tuesday Trademark Battle is Over By Julie L. Spieker The Gregory Hotel, Inc. in New Jersey – the last holdout in the Taco Tuesday trademark dispute – has voluntarily surrendered its trademark registration. Last May, Taco Bell filed a petition with the US Patent and Trademark Office (USPTO) to cancel a trademark for Taco Tuesday that rival chain Taco John’s, and the Gregory Hotel, […] Continue Reading →
Taco Tuesday is for Everyone! By Julie L. Spieker Taco John’s has surrendered its Taco Tuesday trademark. As we reported in May, Taco Bell filed a petition with the US Patent and Trademark Office (USPTO) to cancel a trademark for Taco Tuesday that rival chain Taco John’s had held since 1989. Along with the petition, Taco Bell launched a nationwide public relations campaign for […] Continue Reading →
Jury Orders Mongols Motorcycle Club to Forfeit Trademark By The Mongols Nation motorcycle club was recently convicted of violations of the Racketeer Influenced and Corrupt Organization Act (RICO) resulting in a California federal jury ordering the motorcycle club to forfeit its trademarked logo based on links between the image and the criminal activities carried out by the group. The imagine incorporates the motorcycle club’s […] Continue Reading →
USPTO Heightens Post-Registration Requirements for Trademarks The U.S. Patent and Trademark Office (USPTO) has recently made changes to the post-registration requirements for U.S. trademark registrations. Effective March 21, 2017, the USPTO will implement a post-registration audit program intended to obtain additional evidence and ensure accuracy of claims that a trademark is in use in commerce in connection with the goods/services listed […] Continue Reading →
Trademark Description: Does job placement software render the service of professional placement and recruitment? In 2004 JobDiva registered the service mark JOBDIVA (U.S. Registration 2,851,917, hereinafter ‚¬Ëœ917) for “personnel placement and recruitment”services. In 2005, JobDiva registered the service mark JOBDIVA (plus design) (U.S. Registration 3,013,235, hereinafter ‚¬Ëœ235) for “personnel placement and recruitment services; computer services, namely, providing databases featuring recruitment and employment, employment advertising, career information and resources, resume […] Continue Reading →
Spinal Tap Goes To 11 As Co-Creator Sues Vivendi for $125,000,000 It is nearly impossible to be backstage at a concert and not hear at least one quote from, or a reference to, the mockumentary This Is Spinal Tap. The film, first released in 1984, has gone on to be considered one of the most popular and successful films of all time. It has been included […] Continue Reading →
Eleventh Circuit: Unsolicited proposals insufficient to show intent to resume use of trademark In a decision Friday, the Eleventh Circuit affirmed a district court's grant of summary judgment in favor of the defendant, finding the plaintiff had abandoned its trademarks. Although the complaint consisted of both federal and state common law claims, the analysis ultimately came down to whether a valid Lanham Act claim existed, as the remaining […] Continue Reading →
Second Circuit: Famous marks doctrine doesn’t support NY unfair competition claim In a recent decision, the Second Circuit decided the one outstanding issue from a case it had previously decided in March 2007 (previously blogged here), namely whether the "famous marks" doctrine the court held Congress has not yet incorporated into federal trademark law might support a New York common law claim for unfair competition. The […] Continue Reading →