Thursday, April 01, 2010

TTABlog Quarterly Index: January - March 2010

This past quarter brought a dozen precedential decisions, including a significant ruling on the admissibility of website evidence at trial, an unexpected decision regarding the ability of a foreign trademark owner to bring a dilution claim based on the fame of its mark - despite lack of use in this country, a helpful ruling on the proper pleading of a post-Bose fraud claim, and a somewhat controversial determination regarding the registrability of KHORAN for wines. [Note that E-mail subscriptions to the TTABlog 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 This month's photographs were taken at Boston's Museum of Fine Arts.]

Section 2(a) - disparagement:

Section 2(d) - likelihood of confusion:

Section 2(e)(1) - merely descriptive:

Section 2(e)(2) - primarily geographically descriptive:

Section 2(e)(3) - primarily geographically deceptively misdescriptive:

Section 2(e)(4) - primarily merely a surname:

Section 2(f) - acquired distinctiveness:



Disclaimer practice:



Lack of bona fide intent:


Res Judicata:

Use in Commerce/Drawing/Specimen of Use:

TTAB Discovery/Evidence/Procedure:

CAFC Decisions:

CAFC Oral Arguments:


Text and photos ©John L. Welch 2009-2010.


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