TTABlog Quarterly Index: July - September 2014

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! [Note that E-mail subscribers may gave to go to the blog to see comments]. Finally, please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at lalaw.com.

Section 2(a) - Deceptiveness:

• ZAFRAN Deceptive and Deceptively Misdescriptive for Sauces and Salsas, Says TTAB

Section 2(a) - False Association:

• TTAB Affirms 2(a) False Association Refusal of DEPAUL for Charitable Services

Section 2(a) - Immoral or Scandalous:

• WYHA? Precedential No. 28: Finding "MOMSBANGTEENS" Scandalous for Adult Website, TTAB Affirms Section 2(a) Refusal
• WYHA? TTAB Affirms Section 2(a) Refusal of "fuct" for Athletic Apparel

Section 2(b) - Governmental Symbols:

• TTAB Reverses Section 2(b) Refusal of WORLD LITERACY DAY With Flags

Section 2(d) - Likelihood of Confusion:

• Finding Beer and Wine Closely Related, TTAB Affirms 2(d) Refusal of "5 GOLDEN RINGS" for Beer
• Test Your TTAB Judge-Ability: Is BLACK BELT for Ammunition Confusable with BLACK BELT for Pepper Spray? [No]
• Test Your TTAB Judge-Ability on these Five Section 2(d) Appeals
• SUNNY HAZE Confusable With PURPLE HAZE for Beer, Says TTAB
• TTAB Finds "SWISSCODE" Not Confusable With "SKINCODE 2 & Design" for Cosmetics
• Caterpillar Conquers BIG CAT in TTAB 2(d) Opposition
• Quadruple WYHA? Would You Have Appealed These Four Section 2(d) Refusals?
• Test Your TTAB Judge-Ability on these Four Section 2(d) Refusals
• Test Your TTAB Judge-Ability: is ATLANTA'S HOMETOWN AIRLINE Confusable With CHICAGO'S HOMETOWN AIRLINE?
• TTAB Dismisses ZILLOW Opposition to "LoanZilla" For Mortgage Brokerage Services"
• "PAGOS DEL REY" and "PradoRey" Confusable for Wine, Says TTAB
• Test Your TTAB Judge-Ability on this Section 2(d) Refusal of WINSTON CHURCHILL LANCASTER for Cigars
• TTAB Sustains Section 2(d) Opposition: VS vs. VS for Skin Moisturizers
• Test Your TTAB Judge-Ability on these Four Section 2(d) Refusals
• Finding Chickpeas Related to Restaurants, TTAB Sustains PITA PAL Opposition
• Test Your TTAB Judge-Ability: Which One of these Section 2(d) Refusals Was Reversed?
• Test Your TTAB Judge-Ability: Are Sci-Fi and Comedy TV Shows Related?
• Fame of "Mc" Family of Marks Propels McDonald's to 2(d) Victory Over "BioMcDiesel" for Fuel
• Test Your TTAB Judge-Ability on This 2(d) Refusal of DASH DOG WASH & Design
• Fame of "POST-IT" Mark Yields 2(d) Opposition Victory over "FLAG-IT!"
• Test Your TTAB Judge-Ability on These Three Section 2(d) Refusals
• Test Your TTAB Judge-Ability On These Three Section 2(d) Refusals of "EK" for Hats
• Precedential No. 31: Fame of HARRY WINSTON Mark Crushes Son's BRUCE WINSTON Application for Jewelry
• TTAB Affirms 2(d) Refusal of G-MEN for Clothing, Rejecting NY Giants Fame Argument

Section 2(e)(1) - Deceptive Misdescriptiveness:

• ZAFRAN Deceptive and Deceptively Misdescriptive for Sauces and Salsas, Says TTAB

Section 2(e)(1) - Mere Descriptiveness:

• On Summary Judgment, TTAB Finds NAUGHTY GIRL Not Merely Descriptive of Wine
• Test Your TTAB Judge-Ability on these Four Mere Descriptiveness Refusals
• Test Your TTAB Judge-Ability on these Four Mere Descriptiveness Appeals
• TTAB Reverses Mere Descriptiveness Refusal of RBAM for Engineering Consulting Services
• Test Your TTAB Judge-Ability: Which One of these Four Mere Descriptiveness Refusals Was Reversed?
• Test Your TTAB Judge-Ability: Is GOOD BOX Merely Descriptive of Wine?
• Test Your TTAB Judge-Ability on These Five Section 2(e)(1) Mere Descriptiveness Refusals
• Precedential No. 30: YOUR CLOUD Merely Descriptive of Cloud Computing-Related Services, Says TTAB

Section 2(e)(2) - Primarily Geographically Descriptive:

• Test Your TTAB Judge-Ability: Is BOATS DIRECT USA Geographically Descriptive of Boat Dealerships? [No]

Section 2(e)(3) - Primarily Geographically Deceptively Misdescriptive:

• Test Your TTAB Judge-Ability: Is VENEZIA-MILANO Geographically Deceptively Misdescriptive of Clothing? [Yes]

Section 2(e)(4) - Primarily Merely a Surname:

• Although Rare, LEARDI Primarily Merely a Surname, Says TTAB

Genericness:

• Precedential No. 32: TTAB Finds CLOUDTV Generic for ... Guess What?

Standing:

• Napa Vintners Association Fails to Prove Standing, TTAB Dismisses 2(d) Opposition to NOPA for Wines

Ownership:

• N.D. Fla. District Court Upholds TTAB's "BUSHWACKER" Decision
• Precedential No. 29: After Partnership Breakup, TTAB Declares FAIRWAY FOX Application Void Ab Initio

Non-Use/Specimen of Use:

• Precedential No. 38: TTAB Deems "BEAUTV" Use-Based Application Void Ab Initio Due To Non-Use
• Precedential No. 37: TTAB Affirms Rejection of Web Page Specimen for Computer Services
• Precedential No. 36: TTAB Reverses Refusal of Service Mark Specimen for Financial Services
• USPTO Issues Examination Guide for Service Mark Specimens of Use
• Test Your TTAB Judge-Ability on this Service Mark Specimen of Use
• TTAB Affirms PTO Refusal: Specimens Fail to Show Use for Live Entertainment Services
• TTAB Finds MYUNDIES Registration Void Ab Initio: Mark Not in Use As Of Filing Date

Discovery/Evidence/Procedure:

• Precedential No. 38: TTAB Deems "BEAUTV" Use-Based Application Void Ab Initio Due To Non-Use
• Precedential No. 35: Filing of Opposition by Foreign Attorney is Curable Defect, Says TTAB
• Precedential No. 34: TTAB Grants Motion to Strike Belated Supplemental Expert Report
• Precedential No. 33: Party Withdraws Designation of Testifying Expert Who Provided Report: No Deposition Allowed, Says TTAB
• Precedential No. 27: TTAB Rules that Notice of Reliance Must Indicate Relevance of Each Document by duPont Factor

Recommended Reading:

• Recommended Reading: "Who Owns Blue? An Examination Of The Functionality Doctrine in University Sports Colors"
• Guest Post: Josh Jarvis, "The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use"
  
• Recommended Reading: "Who Owns Blue? An Examination Of The Functionality Doctrine in University Sports Colors"
• Recommended Reading: Anthony Fletcher, "The Paradox of Aesthetic Functionality"

CAFC:

• CAFC Affirms TTAB Decision in Flying Birds Section 2(d) Opposition
• CAFC Vacates and Remands TTAB's NIGHTLIFE TELEVISION Decision: Board Ignored Pleaded Registration

Other:

• Susan M. Richey Appointed Deputy Chief Administrative Trademark Judge at the TTAB
• TTAB Posts September 2014 Hearing Schedule
• TTAB Posts August 2014 Hearing Schedule
• ABA IP Section: TTAB Hot Topics, Boston, August 7th
• TTAB Posts July 2014 Hearing Schedule

Text Copyright John L. Welch 2014.