TTABlog Quarterly Index: April - June 2019
As of March 1, 2019, BNA apparently is no longer publishing a print edition of the USPQ, and the format of citations to USPQ cases has changed. A citation now looks something like this: A v. B., 2019 USPQ2d 111514 (TTAB 2019). By the way, don't forget 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 TTABlog on Twitter: @TTABlog.
Section 2(a) - Deceptiveness:
- Updated TTABlog Collection of Section 2(a) Deceptiveness Cases
- TTAB Finds "NU DOWN" Deceptive for Pillows and Bedding Not Containing Natural Down
Section 2(a) - Immoral or Scandalous:
- Supreme Court Holds Section 2(a) Ban on Registration of Immoral or Scandalous Marks Unconstitutional
Section 2(b) - Flag or Other Insignia:
Section 2(c) - Consent to Register:
- TTABlog Collection of Section 2(c) "Consent to Register" Cases
- Precedential No. 10: TTAB Dismisses Rare Section 2(c) Opposition Due to Death of Named Individual
Section 2(d) - Likelihood of Confusion:
- TTABlog Test: Is “RUFF CHEWERS” for Dog and Pet Toys Confusable with “RUFF CHEW (Stylized)” for Pet Beds? [Yes]
- TTABlog Test: Is FRANCIEPANTS for Undergarments Confusable with FRANCY for Skirts? [No]
- WYHA? IZAKAYA KOPAN RAMEN & Design Confusable with KOPAN for Restaurant Services, Says TTAB
- Applying Doctrine of Foreign Equivalents, TTAB Finds GUEPARDO and CHEETAH Confusingly Similar for Vehicle Wheels and Tire Equipment
- Reversing TTAB, E.D. Va. Finds VAGISAN Confusable with Famous VAGISIL Mark for Feminine Hygiene Products
- TTABlog Test: Is EL PATRÓN Confusable with BOSS for Perfume? [Yes]
- TTABlog Test: Are Clothing and Jewelry Related Under Section 2(d)? [Yes]
- TTABlog Test: Is "HULA DELIGHTS" For Nut Gift Baskets Confusable with "HULA PRINCESS" for Nuts? [No]
- TTAB Orders Cancellation of MAXVOLINE Registration for Nonuse, But Dismisses Likelihood of Confusion Claim With VALVOLINE and MAX LIFE
- CUBNOXIOUS Confusable with (Chicago) CUBS for Shirts, Says TTAB
- TTAB Finds SURLY PENGUIN for Alcoholic Beverages Except Beer Confusable with SURLY for Beer and Restaurant Services
- POWER TECHON Confusable with POWER TECH for Extension Cords, Says TTAB in ACR Proceeding
- TTABlog Test: Is ACTTRA Confusable with ACTARA for Agricultural Insecticides? [Yes]
- HERE FOR THE GIRLS Confusable with FOR THE GIRLS for Cancer-related Services, Says TTAB
- TTAB Dismisses DENTISTRY DONE DIFFERENTLY Opposition: Failure to Prove Priority
- TTABlog Test: Is THE BEAUTIFUL THINGS Confusable with COSABELLA and BELLA COSA for Retail Store Services? [No]
Section 2(e)(1) - Mere Descriptiveness:
- TTABlog Test: Is "ARKIVE" Merely Descriptive of Document and Data Storage Services? [Yes] Precedential No. 9: TTAB Rules That Testimony Declarations Must Be Executed During Testimony Period
- TTABlog Test: Is FUR FREE FUR Merely Descriptive of Bags and Clothing? [No]
Section 2(e)(1) - Deceptive Misdescriptiveness:
- Precedential No. 12: TTAB Finds NATIONAL MIDGET SERIES Merely Descriptive, Not Generic, for Auto Racing
- TTAB Found "FOUNDRY" Deceptively Misdescriptive of Non-Foundry Faucets
Section 2(e)(3) - Primarily Geographically Deceptively Misdescriptive:
- WYHA? TTAB Affirms Geographically Deceptive Refusal for Hong Kong-Based Kitchenware Company’s TODDLER COPENHAGEN Mark
- Updated TTABlog Collection of Section 2(e)(3) "Primarily Geographically Deceptively Misdescriptive" Cases
Section 2(e)(5) - Functionality:
- TTABlog Test: Can the Pattern Made by a Snow Groomer be a Trademark for the Machine? [Yes]
- TTAB Affirms Section 2(e)(5) Functionality Refusal of Milk Container Configuration
- Precedential No. 15: HEALTHPLANS.COM Generic for Health Insurance Advertising Services, Not for Online Software for Tracking Advertising
- Precedential No. 12: TTAB Finds NATIONAL MIDGET SERIES Merely Descriptive, Not Generic, for Auto Racing
- TTABlog Test: Is “BLUEBERRY MUFFIN” Generic for Beer? [Yes]
- Precedential No. 6: TTAB Finds ALGAE WAFERS Generic for .... Guess What?
- Precedential No. 5: TTAB Finds VIRTUAL INDEPENDENT PARALEGALS Generic for ..... Guess What?
- TTAB Sustains Opposition to MEZQUILA for Alcoholic Beverage, Finding No Bona Fide Intent
- Precedential No. 7: Finding Lack of Bona Fide Intent, TTAB Sustains Opposition to MIRACLE ON 35th STREET
- TTABlog Test: Can the Pattern Made by a Snow Groomer be a Trademark for the Machine? [Yes]
- TTAB Affirms Failure-to-Function Refusal of "I ♥ PGH ART & Design" for Retail Store Services
- WYHA? TTAB Affirms Two Refusals to Register Based on Insufficient Specimens
- TTAB Orders Cancellation of MAXVOLINE Registration for Nonuse, But Dismisses Likelihood of Confusion Claim With VALVOLINE and MAX LIFE
Discovery/Evidence/Procedure:
- Precedential No. 14: Cross-Examination of US-Based Testimony Declarant Must be by Oral Deposition, Not Written Questions, Says TTAB
- On Reconsideration, TTAB Says Settlement Agreement Calling for Abandonment of Opposed Application Is not Consent to Dismissal Without Prejudice
- Precedential No. 11: TTAB Hammers Cancellation Respondent Over Inadequate Discovery Responses
- Precedential No. 9: TTAB Rules That Testimony Declarations Must Be Executed During Testimony Period
- SDNY Dismisses DJ Action: No Case or Controversy from Notice of Opposition
- TTAB Dismisses Opposition: Opposer Failed to Respond to 12(b)(6) Motion to Dismiss
- Precedential No. 8: TTAB Rejects Designation of Documents and Responses as "Attorneys' Eyes Only"
- TTAB Dismisses Opposition: Opposer Failed to Respond to 12(b)(6) Motion to Dismiss
- SDNY Dismisses DJ Action: No Case or Controversy from Notice of Opposition
Recommended Reading:
- Recommended Reading: NYU Law Professors Beebe and Fromer, "Immoral or Scandalous Marks: An Empirical Analysis"
- Ted Davis: 2019 Annual Review of Trademark Cases
- TTAB Posts July 2019 Hearing Schedule
- TTAB Posts June 2019 Hearing Schedule
- District Court Rules on Motion to Dismiss Counterclaim in Appeal from TTAB's "Bullet-Shaped-Antenna" Decision
- TTAB Posts May 2019 Hearing Schedule
- Latest Roster of TTAB Interlocutory Attorneys
- Right of Publicity: Columbia Journal of Law & the Arts
- New Deputy Chief Judge Joins TTAB
- "Advanced Practice Tips from the TTAB" by Judges Susan Hightower and Christen English
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