Category Archives: Trademarks

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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In re Magnesita Refractories Company

Docket No. 2016-2345 NEWMAN, SCHALL, BRYSON Nov. 27, 2017 Non-precedential Brief Summary: Board decision refusing to register mark based on genericness and no acquired distinctiveness affirmed. Summary: MRC appealed TTAB denial of its applications to register the mark MAGNESITA as … Continue reading

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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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