TTABlog Quarterly Index: October - December 2009
This quarter saw the fifth anniversary of the TTABlog and its one-millionth hit. More significantly, November 1st brought the retirement of Chief Judge J. David Sams. The Board has begun populating the new post-Bose fraud landscape as trademark practitioners re-calibrate their thinking. And the CAFC overturned two TTAB rulings, one concerning the acceptability of website specimens of use, and the other the contents of the record in inter partes proceedings. [In any event, please note that E-mail subscriptions to the blog are available: just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the blog on Twitter (here). And don't forget to leave your comments! Finally, please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at ll-a.com.]
Section 2(d) - likelihood of confusion:
- Finding "BELL HILL" for Wine and "BELL'S" for Beer Too Dissimilar, TTAB Dismisses 2(d) Opposition
- Fame of Snoop Dogg Overwhelms "SNOOPTUNES" Applicant in 2(d) Opposition
- Appying Wella, TTAB Reverses 12 out of 16 Section 2(d) Refusals
- WYHA? TTAB Affirms 2(d) Refusal of "AUGUSTINER" for Beer in View of Identical Mark for Same Goods
- TTAB Summarily Cancels "PLAID" Registration Under Section 2(d)
- AUSTINUTS Seeks Review of TTAB 2(d) Decision in Austin Federal District Court
- Precedential No. 46: TTAB Finds Two "ANTHONY'S" Marks Confusingly Similar for Pizza Restaurants
- Precedential No. 44: TTAB Decides "CAB CALLOWAY" Priority Dispute, Rules that Personal Names Are Inherently Distinctive
- TTAB Reverses "RADIUS" 2(d) Refusal, PTO Read Registrant's Services Too Broadly
- Precedential No. 43: TTAB Enters Partial Summary Judgment in 2(d) "VUDU" Opposition
- Precedential No. 41: Applicant Loses Third-Party Registration Battle, TTAB Finds Floor Tiles and Roof Tiles Related
- Test Your TTAB Eye-Ball Ability on Two Triangle Design Marks for Clothing
- Precedential No. 39: TTAB Reverses 2(d) Refusal of "VOLTA" for Caffeine-Laced Vodka
- Trade Channels and Purchasers Too Different, TTAB Reverses 2(d) Refusal of "DOOR TO DOC IN 31 MINUTES"
Section 2(e)(1) - mere descriptiveness:
- WYHA? TTAB Affirms Mere Descriptiveness Refusal of "STENTALLOY" For Alloys Used to Make Medical Devices
- "PEDRO PAN" Merely Descriptive of Charitable Services, Says TTAB
- WYHA? "MANWEAR" Merely Descriptive of Retail Men's Clothing
- "ORCHID CREAM VANILLA" Merely Descriptive of Snowball Flavor Concentrate, Says TTAB
- TTAB Deems "EVITAMINS" Merely Descriptive of On-line Vitamin Services, But Not Generic
- "VINTAGE PINK" Not Merely Descriptive of Jewelry and Clothing, Says TTAB
- Test Your TTAB Judge-Ability: Is This Stylization of "JUMBOZ" Inherently Distinctive?
- WYHA? Is "SCENT STRIPES" Merely Descriptive of Plastic Garbage Bags?
Section 2(e)(2) - primarily geographically descriptive:
- Finding "BELL HILL" for Wine and "BELL'S" for Beer Too Dissimilar, TTAB Dismisses 2(d) Opposition
- TTAB Reverses Section 2(e)(2) Refusal of "CATALINA ISLAND GRANOLA": Goods/Place Association Lacking
- TTAB Sustains Nike's Section 2(e)(2) Opposition to "B-MORE" for Clothing
Section 2(e)(4) - Primarily Merely a Surname:
Section 2(e)(5) - Functionality:
Section 2(f) - Acquired Distinctiveness:
- TTAB Finds Flashlight Casing Not De Jure Functional but Lacking in Distinctiveness
- Precedential No. 45: "TIRES TIRES TIRES" Generic for, or Merely Descriptive of, Tire Store Services
Fraud:
- TTAB Rejects Another Insufficiently Pleaded Fraud Claim
- Joe Dreitler Expounds On "The Dangers Posed by Bose," But CAFC Chief Judge Michel Sees No Problem
- TTAB Rejects Another Fraud Claim for Inadequate Pleading
- A Medinol-like Fraud Case in California Worth Watching
- TTAB Restricts Bose's "WAVE" Registration Per CAFC Decision
- Precedential No 42: TTAB Denies Fraud Summary Judgment Motion Due to Inadequate Pleading of Claim
- Thoughts from the TTABlog: Fraud in the Post-Bose Era
- Precedential No. 40: Applying Bose, TTAB Denies Fraud-Based Summary Judgment Motion Due to Factual Issues Regarding Intent
Genericness:
- Applying Foreign Equivalents, TTAB Deems "AZUCAR MORENA" Generic for Brown Sugar
- TTAB Deems "EVITAMINS" Merely Descriptive of On-line Vitamin Services, But Not Generic
- TTAB Affirms Genericness Refusal of "GOJI BERRY" for - Guess What?
- CAFC Affirms TTAB Genericness Ruling re "MATTRESS.COM" for -- Guess What?
- Precedential No. 45: "TIRES TIRES TIRES" Generic for, or Merely Descriptive of, Tire Store Services
Lack of Bona Fide Intent:
- "DICK'S NUTS" Survives Summary Judgment Attack; Bona Fide Intent Remains At Issue
- Precedential No. 47: TARR Printouts of Pleaded Registrations Acceptable at Trial
- Finding Lack of Bona Fide Intent, TTAB Sustains "MONT BLANC" Opposition
Procedural Issues:
- Precedential No. 50: TTAB Strikes Opposer's Documents Produced During Testimony Period
- Precedential No. 48: Rejecting Asserted "Newly Discovered Evidence," TTAB Refuses to Set Aside Judgment
- Precedential No. 47: TARR Printouts of Pleaded Registrations Acceptable at Trial
- TTAB's Loufrani v. Wal-Mart "SMILEY" Case Lands In Chicago Federal Court
- AUSTINUTS Seeks Review of TTAB 2(d) Decision in Austin Federal District Court
- CAFC Reverses TTAB's "COLD WAR MUSEUM" Decision Regarding Evidence of Record in Cancellation Proceeding
Specimen of Use/Mutilation:
- CAFC Reverses TTAB: Website Specimen of Use Need Not Include a Picture
- TTAB Tosses "WEW" Specimen Out of PTO Ring
CAFC Decisions:
- CAFC Reverses TTAB: Website Specimen of Use Need Not Include a Picture
- CAFC Affirms TTAB Genericness Ruling re "MATTRESS.COM" for -- Guess What?
- CAFC Reverses TTAB's "COLD WAR MUSEUM" Decision Regarding Evidence of Record in Cancellation Proceeding
CAFC Oral Argument:
- CAFC Hears Oral Argument in "CRASH DUMMIES" Appeal
- CAFC Hears Oral Argument in Southern Cal v. South Carolina "SC" Trademark Dispute
- CAFC Holds Argument In Appeal From "THE COLD WAR MUSEUM" Cancellation
Hot Stove League:
- WYHO? Oakland A's Oppose University of Alabama's Circled "A" Logo
- Detroit Tigers Oppose "BUILD-A-TIGER" for Stuffed Toys and Related Store Services
- MLB Poised to Oppose "MAJOR LEAGUE WOODWORKING" Logo
- Seattle Mariners Torpedo Application for "M'S USA" for Clothing
- WYHO? Red Sox and White Sox Oppose "e.SOX" for Cellphone Sleeves
- White Sox and Red Sox Oppose "GAMESOX" for Vehicle Mirror Cover
- Chicago Bears Oppose "PAPA BEAR" for Clothing, Football Equipment
- LA/Anaheim Angels Oppose "IBIZA ANGELS & Des." for Clothing, Beauty Care
- Pittsburgh Pirates Oppose "WHITWORTH PIRATES" for Clothing
- NY Mets Defend "YOU GOTTA BELIEVE!" Slogan Against Cold Cuts and Tug McGraw Foundation
- NY Yankees Oppose "THE HOUSE THAT JUICE BUILT"; Applicants Assert Parody Defense
- Boston Red Sox Oppose Stylized "SA" Mark for Clothing
- New York Yankees Oppose "BASEBALLS EVIL EMPIRE" For Clothing
- Major League Baseball Opposes Don Mattingly Logo
Other:
- Trademark Public Advisory Committee (TPAC) Issues its 2009 Annual Report
- TTABlog Special Supplement: Judge Walsh and Michael E. Hall on Third-Party Registrations
- TTAB Posts December 2009 Hearing Schedule
- TTABlog Answers the Question: What is the Oldest Pending TTAB Case?
- TPAC Meeting This Friday Will Explore Ramifications of Bose Decision
- TTAB Posts November 2009 Hearing Schedule
- TTABlog Flotsam and Jetsam No. 13
- TTAB Chief Judge J. David Sams to Step Down November 1st
- Test Your TTAB Judge-Ability On This Section 2(d) Refusal
- Stephen W. Feingold: "Why You Should Think Twice Before Accepting a 2(f) Registration"
- New USPTO Director David Kappos Comments on Fraud and Other TM Issues
- TTABlog Special Report: Who Files the Most Oppositions, Cancellations, and Extension Requests?
- TTABlog Back in the Trenches: a Six-Pack of Miscellaneous TTAB Papers
- TTAB Posts October 2009 Hearing Schedule
Text and photographs ©John L. Welch 2009.
posted by John L. Welch @ 12/31/2009
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