Wednesday, November 20, 2013

Current List (11-23-13) of TTAB Ex Parte Decisions on Appeal to the CAFC

By my reckoning, with the help of Alex Samuel and others, there are currently nine (9) appeals pending before the CAFC from TTAB decisions in ex parte cases. They are summarized below, with links to the pertinent TTABvue pages where the decisions may be found, as well as to the pertinent TTABlog postings, if any. [Appeal briefs and other papers may be found via PACER; Oral argument recordings may be found here. if any].

Ex parte appeals:

In re Geller, Appeal No. 13-1412 (Serial No. 77940879) [Section 2(a) disparagement refusal of STOP THE ISLAMISATION OF AMERICA, for "providing information regarding understanding and preventing terrorism"].  [TTABlogged here].

In re Nordic Naturals, Inc., Appeal No. 13-1492 (Serial No. 77131419) [Refusals to register CHILDREN'S DHA for "nutritional supplements containing DHA" on the grounds of genericness and, alternatively, mere descriptiveness and lack of acquired distinctiveness, and further on the ground that applicant failed to enter a required amendment of the identification of goods to indicate that the goods are formulated for children].

In re The Newbridge Cutlery Co., Appeal No. 13-1535 (Serial No. 79094236) [Section 2(e)(2) refusal of NEWBRIDGE HOME as primarily geographically descriptive of silverware, jewelry, and kitchen goods [TTABlogged here].

In re Doctors Making Housecalls, Appeal No. 13-1553 (Serial No. 85324528) [DOCTORS MAKING HOUSECALLS deemed generic for “providing on-site medical services to patients at their homes, apartments, senior communities, offices, or other designated locations," and if not generic, then merely descriptive and lacking in acquired distinctiveness]. [TTABlogged here].

In re Louisiana Fish Fry Products, Appeal No. 13-1619 (Serial No. 77816809) [Requirement that applicant disclaim the term FISH FRY PRODUCTS in the mark LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME and Design, for "marinade; sauce mixes, namely, barbecue shrimp sauce mix; remoulade dressing; cocktail sauce, seafood sauce; tartar sauce; gumbo filé; and cayenne pepper"].

In re BabyCakes NYC, Inc, Appeal No. 13-1659 (Serial No. 85214746) [Section 2(d) refusal of BABYCAKES & Design for "retail bakery shops" in view of the registered mark BABYCAKES (Stylized) for staple foods, namely, doughnuts and bakery goods]. (Serial No. 85214746).

In re St. Helena Hospital, Appeal No. 14-1009 (Serial No. 85416343) [Section 2(d) refusal to register TAKETEN for "health care services, namely, evaluating weight and lifestyle health and implementing weight and lifestyle health improvement plans in a hospital-based residential program," in view of the registered mark TAKE TEN! for "printed manuals, posters, stickers, activity cards and educational worksheets dealing with physical activity and physical fitness"].

In re Positec Group Limited, Appeal No. 14-____ (Serial No. 77920346) [Section 2(e)(1) mere descriptiveness refusal of SUPERJAWS for machine tools and hand tools, including jaws and metal vice jaws]. [TTABlogged here].

In re Tam, Appeal No. 14-____ (Serial No. 85472044) [Section 2(a) disparagement refusal of THE SLANTS for a musical band]. [TTABlogged here].

Read comments and post your comment here.

TTABlog note: If you are aware of any other ex parte cases now on appeal to the CAFC, please let me know and I will add it/them to the list. And if you see any corrections that should be made, please contact me.

Text Copyright John L. Welch 2013.


At 11:00 AM, Anonymous Anonymous said...

IMHO Newbridge should be reversed....

At 12:16 PM, Anonymous Rob said...

In re Geller must be reversed. The Board encoded political correctness into the Lanham Act.

At 12:32 PM, Anonymous Anonymous said...

Vibrynt was affirmed by Rule 36 order on Oct. 15, 2013.

At 10:12 PM, Anonymous Anonymous said...

Also some WYHA cases here --

At 6:55 AM, Blogger John L. Welch said...

Maybe WYHAA? Would You Have Appealed Again?


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