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Recent Posts
- DC dismissal of IPR institution decision action affirmed, reversed as to Apple’s improper USPTO rule-making argument
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Category Archives: Trademarks
DC preliminary injunction regarding trademark / trade dress registration affirmed
SoClean, Inc. v. Sunset Healthcare Solutions, Inc. Docket No. 2021-2311 (https://cafc.uscourts.gov/opinions-orders/21-2311.OPINION.11-9-2022_2031039.pdf) NEWMAN, LOURIE, PROST November 9, 2022 Brief Summary: DC grant of injunctive relief to SoClean regarding its trade dress registration affirmed. Summary: Sunset appealed DC order granting a … Continue reading
Posted in Trade Dress, Trademarks
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TTAB decision to cancel soda-related marks as requested by Coca-Cola reversed
Meenaxi Enterprise, Inc. v. Coca-Cola Company Docket No. 2021-2209 (https://cafc.uscourts.gov/opinions-orders/21-2209.OPINION.6-29-2022_1971328.pdf) DYK, REYNA (C), STOLL June 29, 2022 Brief Summary: TTAB cancellation Meenaxi’s soda-related marks reversed. Summary: Meenaxi appealed TTAB (“Board”) decision in Coca-Cola’s favor regarding Meenaxi’s Thums Up cola … Continue reading
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Board decision finding Sky Cinemas mark unlikely to cause confusion with Sky International’s marks affirmed
Sky International AG v. Sky Cinemas LLC Docket No. 2021-1575 (USPTO Appeal No. 91223952) (https://cafc.uscourts.gov/opinions-orders/21-1575.OPINION.12-17-2021_1881473.pdf) (Non-Precedential) TARANTO, BRYSON, STOLL December 17, 2021 Brief Summary: Board decision finding Sky Int.’s and Sky Cinemas marks unlikely to cause confusion affirmed. Summary: Sky … Continue reading
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SFM correctly found to have standing to bring trademark cancellation request (e.g., “reasonable belief of damage”)
Corcamore, LLC v. SFM LLC Docket No. 2019-1526 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1526.OPINION.10-27-2020_1675813.pdf) PROST, REYNA, TARANTO October 27, 2020 Brief Summary: SFM found to have standing to bring trademark cancellation request against Corcamore’s SPROUTS registration in connection with vending machines in view of SFM’s … Continue reading
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TM decision reversed due to TTAB’s erroneous analysis of “substantially exclusive” use claim
Galperti, Inc. v. Galperti S.R.L. Docket Nos. 2019-1150 PROST, CLEVENGER, MOORE November 13, 2019 Non-precedential Brief Summary: Galperti TX priority argument correctly denied, but decision remanded as TTAB found to have erroneously analyzed whether Galperti IT’s “substantially exclusive” use claim … Continue reading
Posted in Trade Dress, Trademarks, Uncategorized
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In Re: Guild Mortgage Company
Docket No. 2017-2620 MOORE, REYNA, CHEN January 14, 2019 Brief summary: Board decision affirming the examiner’s refusal to register Guild’s proposed mark due to a likelihood of confusion vacated and remaned because the Board failed to address evidence regarding the … Continue reading
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Schlafly et al. v. Saint Louis Brewery, LLC
Docket Nos. 2017-1468 NEWMAN, MAYER, STOLL Nov. 26, 2018 Brief summary: TTAB’s decision that SLB was entitled to register the SCHLAFLY mark on the basis of distinctiveness affirmed since “words that are primarily a surname can be registered trademarks if … Continue reading
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Real Foods Pty Ltd. v. Frito-Lay North America, Inc.
Docket No. 2017-1959, -2009 WALLACH, LINN, HUGHES October 4, 2018 Brief summary: TTAB’s decision refusing registration of RF’s marks following Frito-Lay’s opposition affirmed-in-part, vacated-in-part, and remanded (“highly descriptive” marks, “TTAB failed to provide any reasoning for its conclusion that the … Continue reading
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Royal Crown Company, Inc. et al. (Dr. Pepper Snapple Group) v. The Coca-Cola Company
Docket No. 2016-2375 NEWMAN, O’MALLEY, TARANTO June 20, 2018 Brief Summary: FC panel concluded “the Board applied the incorrect legal standard in assessing whether TCCC’s ZERO marks are generic”, and vacated and remanded the dismissal of RCC’s oppositions. Summary: RCC … Continue reading
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In re: Erik Brunetti
Docket No. 2015-1109 DYK (C), MOORE, STOLL December 15, 2017 Brief Summary: FC panel reversed PTAB’s affirmance of “the examining attorney’s refusal to register the mark FUCT” for apparel “because it comprises immoral or scandalous matter under 15 U.S.C. § … Continue reading
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Federal Circuit summaries 