Friday, June 26, 2009

More Recommended Reading: Jordan Weinstein's TTAB Year in Review

I want to make sure that you have plenty of good reading material for your summer vacation in Argentina. Jordan Weinstein has kindly permitted me to post copies of his written material and his slides from this year's INTA annual meeting, both entitled "Decisions of the Trademark Trial and Appeal Board and Federal Courts on Registrability Issues 2008-2009." As you know, Jordan teams with Ted Davis to provide the highly-anticipated and heavily-attended review of the year in trademark law, with Jordan focusing on TTAB and CAFC decisions.

Jordan S. Weinstein

Jordan takes what I call a reverse-Carnac approach to the matters at hand: he asks questions and then provides the answers. For example:

Q. For goods that emit sounds in their normal course of operations (such as alarm clocks, telephones, security alarms, etc.), may the sound of such goods be registered on the Principal Register?

A. Yes, but only on a showing of acquired distinctiveness.

[Admittedly, it would be difficult to do it the other way around.]

I suggest that you pack Jordan's materials in your Appalachian Trail backpack, along with the recently-TTABlogged articles by Ted Davis, Glenn Gundersen, and Sandra Edelman.

Text Copyright John L. Welch 2009.


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