Friday, November 29, 2013

Three More District Court "Appeals" from TTAB Decisions

A reader of the blog has pointed out three more pending district court "appeals." The cases are summarized below, with links to the TTABvue pages where the decisions may be found, as well as to the pertinent TTABlog postings, if any. [The complaints are usually attached to the Notice of Appeal filed at the TTAB; other court papers may, of course, be found via PACER].

Timex Group USA, Inc. v. Rea, No. 1:12-cv-1080 (TSE/TCB) (E.D. Va.) (Serial No. 85164601) [The Board affirmed a Section 2(e)(1) mere descriptivness refusal of INTELLIGENT QUARTZ for watches [QUARTZ disclaimed]; cross-motions for summary judgment are pending).

Adams Mfg. Corp. v. Rea, No. 2:12-cv-1430-MPK (W.D. Pa.) (Serial No. 85025503 [The Board affirmed two refusals to register the product configuration shown below for "plastic suction cups, not for medical purposes:" Section 2(e)(5) functionality, and alternatively, lack of acquired distinctiveness. [The applied-for configuration does not include the outer ring or the stem (shown in dashed lines), but only the three-dimensional configuration of the two concentric rings on the cup portion.] Cross-motions for summary judgment pending]. [TTABlogged here].

Crown Equip. Corp. v. Rea, No. 3:12-cv-3075 (N.D. Ohio). (Serial No. 77248621) [The Board affirmed a Section 2(d) refusal of CROWN INSITE for lift truck systems consisting of receivers, computer hardware and software, all used to collect and transmit data for locating, routing and tracking lift trucks and their operators and performance, in view of the registered mark INSITE for goods that include radiating line radio frequency identification systems consisting of receivers, beacons and transmitters, used for locating and tracking personnel, equipment, machinery and vehicles, as well as computer software and programs used for the same purposes. [the civil action is currently stayed in view of Crown Equip. Corp. v. Mine Radio Sys., Cancellation No. 92057763, wherein petitioner seeks to restrict the goods of the cited registration to "use in or in connection with underground environments such as mines and tunnels"].

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Text Copyright John L. Welch 2013.


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