Category Archives: Trademarks

In Re: JobDiva, Inc.

Docket Nos. 2015-1960 PROST, DYK, STOLL December 12, 2016 Brief Summary: Board decision cancelling service marks for software vacated and remanded because it did not answer the question of whether users would perceive the web-based software as providing the service … Continue reading

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Oakville Hills Cellar, Inc. dba Dalla Valle Vineyards v. Georgallis Holdings, LLC

Docket No. 2016-1103 LOURIE, MOORE, CHEN June 24, 2016 Brief Summary: Board decision of no likelihood of confusion of wine-related marks MAYA and MAYARI affirmed. Summary: Oakville appealed PTO Board dismissal of its opposition to Georgallis’ application to register the … Continue reading

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Romag Fasteners, Inc. v. Fossil, Inc. et al.

Docket No. 2014-1856, 2014-1857 DYK, WALLACH, HUGHES March 31, 2016 Brief Summary: DC decision that “Romag is not entitled to recover Fossil’s profits” for trademark infringement “as Romag did not prove that Fossil infringed willfully” affirmed under Second Circuit precedent … Continue reading

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In re Simon Shiao Tam

Docket No. 2014-1203 (Ser. No. 85/472,044) Dec. 22, 2015 Decided en banc Precedential Brief Summary: The refusal by the PTO to register marks it considers disparaging under § 2(a) of the Lanham Act found unconstitutional under the First Amendment. Summary: … Continue reading

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Jack Wolfskin Ausrustung Fur Draussen GmbH & Company KGAA v. New Millenium Sports, S.L.U.

Docket No. 2014-17890 LOURIE, BRYSON, CHEN August 19, 2015 Brief Summary: TTAB decision affirmed-in-part, reversed-in-part, and remanded because NMS did not abandon its mark, the TTAB did not consider JWA’s mark as a whole, and failed to recognize “the relatively … Continue reading

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In re: Louisiana Fish Fry Products, Ltd.

Docket No. 2013-1619 NEWMAN(C), REYNA, HUGHES August 14, 2015 Brief Summary: PTO refusal to register LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME! without disclaiming FISH FRY PRODUCTS affirmed, fiding no showing of acquired distinctiveness. Summary: LFF appealed … Continue reading

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Juice Generation, Inc. v. GS Enterprises LLC

Docket No. 2014-1853 NEWMAN, REYNA, TARANTO July 20, 2015 Brief Summary: Board decision regarding a likelihood of confusion between PEACE LOVE AND JUICE and PEACE & LOVE remanded as third-party use and registrations were not properly considered and an analysis … Continue reading

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