Clearly using “clear” for Non-Transparent Goods is Deceptively Misdescriptive.

By Julie L. Spieker

Dolce Vita Footware, Inc. sought registration of the mark CLEAR for various bags, purses, wallets, and card cases – excluding transparent goods. The Examiner refused registration on the grounds that it is deceptively misdescriptive and on April 29, 2021 the Trademark Trial and Appeal Board (the “TTAB”) affirmed. In its original registration, Dolce Vita identified […]

“Naked” at the Federal Circuit

By Julie L. Spieker

On December 4, 2020, the US Court of Appeals for the Federal Circuit (“Federal Circuit”) denied petitions by Naked TM, LLC for a panel rehearing and a rehearing en banc of the decision in Australian Therapeutics Supplies Pty. Ltd. v. Naked TM, LLC, 965 F.3D 1370 (Fed. Cir. 2020). The Trademark Trial and Appeal Board […]

USPTO to Increase Trademark Fees in 2021

By Brandon W. Clark

The United States Patent and Trademark Office (USPTO) has recently announced increases to certain trademark fees beginning on January 2, 2021. The fees will increase for trademark applications, post-registration maintenance filings, and certain filings with the Trademark Trial and Appeal Board (TTAB). Below are some of the more significant and noteworthy fee increases: The fee […]

In a Galaxy Not So Far, Far Away: Millennial Falcon v. Millennium Falcon

By Sarah M.D. Luth

In October the U.S. Trademark Trial and Appeal Board issued a decision regarding the opposition proceedings against the trademark application “Millennial Falcon.” The trademark application “Millennial Falcon,” filed by Applicant Ilan Moskowitz aka Captain Contingency was directed to “entertainment services in the nature of live visual and audio performances by a live musical performance group, […]

Monster Mash: Minor League Hockey Team Prevails Over Energy Drink Giant in Trademark Dispute

By Nicholas J. Krob

In the spirit of Halloween, the Trademark Trial and Appeal Board recently issued an opinion settling an ongoing dispute between two monsters. These monsters—energy drink company Monster Energy and a minor league hockey team named the Cleveland Monsters—found themselves at odds over the use of the “Monster” trademark. In particular, Monster Energy opposed the Cleveland […]

Comparing Apples to Pears

Earlier this year, Apple, the holders of one of the strongest and most recognizable trademarks in the world, filed an opposition on the last day possible to a trademark application filed by Super Healthy Kids. Super Healthy Kids is a small business, currently only having around five employees, and created an iOS and Android application […]

The Verdict is In – Implications on the Supreme Court Ruling Regarding Attorney’s Fees

By Blog Staff

The United States Supreme Court unanimously ruled on December 11, 2019, that the United States Patent and Trademark Office (USPTO) cannot demand repayment of attorney’s fees in district court proceedings brought under 35 U.S.C. § 145. For a summary of the arguments presented during oral arguments, see the author’s previous post here. The opinion written […]

T-Mobile Asserts Charitable Startup Lemonade Infringes Magenta Mark

By Gregory Lars Gunnerson

National Public Radio (NPR) reports T-Mobile has sent a cease and desist letter to startup Lemonade. For those unfamiliar with Lemonade, Lemonade is a public benefit corporation quickly growing in popularity, particularly with millennials, because the company donates all unclaimed money to charities of the policyholder’s choice. T-Mobile asserts Lemonade’s use of a color allegedly similar […]

Generic.com: SCOTUS to Consider Whether a Top-Level Domain Creates a Protectable Trademark

By Nicholas J. Krob

Much to the chagrin of companies such as Bayer, DuPont, Westinghouse, and Motorola—former owners of trademark rights in, respectively, the terms “aspirin,” “cellophane,” “laundromat,” and “flip phone”— U.S. law does not protect terms that identify the general nature of a product or service itself rather than the source thereof, or “generic” terms, as trademarks.  What […]

IP Post-Brexit: What Does the “FEUture” hold?

By Julie L. Spieker

On December 12, the United Kingdom (UK) will hold a general election, in which Prime Minister Boris Johnson hopes to secure a clear majority so as not to lose the prospect of Brexit after failing to leave the European Union (EU) by the end of October as previously promised. Currently, Johnson enjoys a healthy lead […]