TTABlog Quarterly Index: April - June 2016

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Section 2(a) - Disparagement:

• Pro-Football Seeks Certiorari-Before-Judgment in REDSKINS Appeal
• USPTO Files Petition for Writ of Certiorari in THE SLANTS Case

Section 2(a) - Deceptiveness:

• TTAB Affirms 2(a) Deceptiveness Refusal of WONDER DOWN for Down Alternative Bedding
• TTAB Deems COPPER-TEN Deceptive for Steel Painted to Simulate Copper

Section 2(d) - Likelihood of Confusion:

• TTAB Test: Are “INDI” and “INDY” Confusable for Clothing Items [No]?
• Precedential No. 17: BLACK MEN ROCK Confusable With BLACK GIRLS ROCK!, Says TTAB
• TTAB Dismisses 2(d) and Dilution Claims in Opposition to "GARO & Design" for Cigars
• TTAB Test: In which of these Three Cases Did the Board Find No Likelihood of Confusion?
• TTAB Test: Which of these Three Section 2(d) Refusals Was Reversed?
• TTABlog Test: Are ZEN BAKERY and ZEN DELITES Confusable for Cookies? [No]
• TTABlog Test: Are “ELITE TEST 360” and “360 TEST” Confusable for Nutritional Supplements? [Yes]
• TTAB Test: Which One of these Four Section 2(d) Refusals Was Reversed?
• TTABlog Test: Are These Two Word + Design Marks Confusable for Restaurant Services? [Yes]
• BULLET Confusable with BULLIT for Bicycle Parts and Bicycles, Says TTAB
• "HIGH SCHOOL WORLD SERIES" Confusable with MLB'S "WORLD SERIES" Marks, Says TTAB
• TTABlog Test: Is FLIP'N CHICKEN Confusable with FRICKIN' for Restaurant Services? [Yes]
• Precedential No. 13: TTAB Dismisses 2(d) Claim but Finds MINIMELTS Merely Descriptive of Pharmaceuticals
• Precedential No. 12: TTAB Affirms 2(e)(1) and 2(d) Refusals of HOUSEBOAT BLOB for Inflatable Mattresses
• TTAB Test: Is BLACK BARK for Restaurant Services Confusable with BLACK BARK BRISKET for Meat? [No]
• TTAB Reverses 2(d) Refusal of FAVORIT (Stylized) For Bike Parts and Toys
• TTAB Test: Are Olive Oil and Restaurant Services Related for Section 2(d) Purposes? [No]

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

• TTABlog Test: Is "DIGITAL BOOTH" Merely Descriptive of Metal Phone Booths?[Yes]
• Precedential No. 13: TTAB Dismisses 2(d) Claim but Finds MINIMELTS Merely Descriptive of Pharmaceuticals
• Precedential No. 12: TTAB Affirms 2(e)(1) and 2(d) Refusals of HOUSEBOAT BLOB for Inflatable Mattresses
• Finding BAJATUSEGURO.COM a Double Entendre, TTAB Reverses 2(e)(1) Refusal

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

• GUMMY BITES Deceptively Misdescriptive of Dog Treats, Says TTAB

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

TTAB Reverses Geographical Descriptiveness Refusal of "CASS PARK VILLAGE"

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

• TTAB Affirms 2(e)(4) Surname Refusal of "DICKMAN'S" for Pickles

Section 2(e)(5) - Functionality:

• TTAB Affirms Functionality Refusal of Door Channel Configuration Mark
• TTAB Finds Trigger Guard Configuration Functional Under Section 2(e)(5)

Section 2(f) - Acquired Distinctivness:

• Electric Skillet Configuration Lacks Acquired Distinctiveness, Says TTAB
• Precedential No. 7: Lack of Exclusive Use Dooms “AYOUB” 2(f) Surname Application

Dilution:

• Fame of Empire State Building Design Mark Yields TTAB Dilution Victory
• TTAB Dismisses 2(d) and Dilution Claims in Opposition to "GARO & Design" for Cigars
• Precedential No. 11: TTAB Clarifies Timing of Fame Requirement for Dilution Claim

Failure to Function/Phantom Mark:

• TTAB Affirms Refusal of Nondistinctive Shed Design for Recycling Services
• Test Your TTAB Judge-Ability On This Phantom Mark Refusal
• Precedential No. 14: FTD's Twitter Account Not a Separate, Registrable Service, Says TTAB
• Divided Board Panel Affirms Single-Book-Title Refusal of NO EXCUSES DIET

Genericness:

• ZERO Not Generic for Soft Drinks, Says TTAB, In Multi-Mark Battle
• "MAGNESITA" Generic for Refractory Bricks, Says TTAB
• CAFC Upholds TTAB: CHURRASCOS (Stylized) Generic for Restaurant Services
• BOOKING.COM Files Complaint for District Court Review of TTAB Genericness Ruling

Ownership:

• Precedential No. 9: Use by Parent Company Does Not Save Subsidiary's Registered Mark from Abandonment

Use/Specimens of Use:

• Precedential No. 15: TTAB Rejects Specimens of Use for Radio Broadcast Services

Discovery/Evidence/Procedure:

• Precedential No.16: Filing of Cancellation Petition Tolls Section 14 As To Adddition of New Claim
• Fourth Circuit Affirms Issue Preclusion Ruling Based On TTAB Priority Finding
• TTAB Grants Rule 2.132 Motion to Dismiss IODINE Opposition for Failure to Prosecute
• TTAB Grants Cancellation Petition As a Sanction For Failure to Participate in Discovery Conference
• Fourth Circuit Denies Petition for Reconsideration En Banc in FLANAX Case
• TTAB Dismisses "WOD Snob" Opposition for Failure to Prove Standing and Priority
• Belmora Seeks En Banc Reconsideration of 4th Circuit's FLANAX Decision
• USPTO Moves to Dismiss Its 11th Circuit HOUNDSTOOTH MAFIA Appeal
• Precedential No. 10: TTAB Grants Leave to Prepare and Serve Sur-Rebuttal Expert Report
• Precedential No. 8: TTAB Grants Pre-Trial Motion Limiting Goods in Opposed Application

CAFC decisions:

• CAFC Affirms TTAB: MAYARI Not Confusable With MAYA for Wine
• CAFC Upholds TTAB: CHURRASCOS (Stylized) Generic for Restaurant Services
• USPTO Files Petition for Writ of Certiorari in THE SLANTS Case

Recommended Reading:

• Ted Davis: Annual Review of U.S. Federal and State Case Law
• Not So Fast On MARATHON MONDAY: The BAA, the TTAB, and Lanham Act Section 2(a)

Other:

• TTAB Posts July 2016 Hearing Schedule
• USPTO Proposes Changes in Section 8 Affidavit/Declaration Requirements
• USPTO Proposes Increased TTAB Fees, And Some New Ones
• TTAB Posts June 2016 Hearing Schedule
• TTAB Posts May 2016 Hearing Schedule
• USPTO Seeks Applications for TTAB Administrative Trademark Judge
• Meet the Bloggers XII: Monday, May 23rd, 8 PM, Kings Bowl
• USPTO Proposes Major TTAB Rule Changes
• TTABlog Quarterly Index: January - March 2016

Text Copyright John L. Welch 2016.