The Court of Appeals for the Fifth Circuit held that two nonprofit organizations that endorse political candidates in New Orleans, LA, use different names (Alliance For Good Government v. Coalition for Better Government) which are not likely to cause consumer confusion or mistake … [Read more...] about Lookalike Logo is Trademark Infringement but Different Name on the Logo is Not; Attorneys Fee Award Must be Segmented by the Result
A Trademark Registration Is Not Always A Guarantee of Protection
In Playnation Play Systems, Inc. v. Velex Corporation, d.b.a. Gorilla Gym, Case No. 17-15226 (11th Cir. 2019) (Full opinion available here), the Court affirmed the lower court’s finding of infringement and cancellation of Velex’s mark, but vacated and remanded the award of … [Read more...] about A Trademark Registration Is Not Always A Guarantee of Protection
Infringing Trademark “Use In Commerce” is not limited to the Statutory Definition intended for Registration Purposes
In Versatop Support Systems, LLC v. Georgia Expo, Inc., Case No. 2018-1208 (Fed. Cir. 2019)(Full Opinion Available Here), the Federal Circuit reversed the District Court and found that a violation of trademark law was established on the admitted facts and infringing “use in … [Read more...] about Infringing Trademark “Use In Commerce” is not limited to the Statutory Definition intended for Registration Purposes
New trademark guidelines issued from the USPTO regarding Cannabis and CBD
On May 2, 2019, the Trademark Office issued a new exam guide on marks for cannabis and cannabis-related goods and services. The Patent and Trademark Office (“USPTO”) refuses to register marks for goods and/or services that show a clear violation of federal law. A determination of … [Read more...] about New trademark guidelines issued from the USPTO regarding Cannabis and CBD
Webpage Specimen Classified as “Display Associated with Goods” Must Include Point of Sale Details for Trademark Registration
In the case of In Re: SINY Corp., 2018-1077 (Fed. Cir. 2019) (full opinion available here), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s decision that a Webpage Specimen must do more than merely advertise to be an acceptable display associated with the … [Read more...] about Webpage Specimen Classified as “Display Associated with Goods” Must Include Point of Sale Details for Trademark Registration
“The Commodores” Mark Remains Owned by the Active Band
In Commodores Entertainment Corporation v. Thomas McClary, Fifth Avenue Entertainment, LLC, Case No. 16-15794 (11th Cir. 2018) (Available Here), the Court of Appeals for the Eleventh Circuit held that when McClary left the Commodore band, he also left behind his common law rights … [Read more...] about “The Commodores” Mark Remains Owned by the Active Band
11th Cir.: Extends Protection for Fed Registered Service Marks to Goods
In Savannah College of Art and Design, Inc. v. Sportswear, Inc. d/b/a Prep Sportswear, No. 15-13830 (11th Cir. 2017)(Available Here), the Court of Appeals for the 11th Circuit found that, relying upon prior case law, protection for federally-registered service marks extends to … [Read more...] about 11th Cir.: Extends Protection for Fed Registered Service Marks to Goods
Attorneys Fees Under Patent Act and Trademark (Lanham) Act Are Identical
The Court of Appeals for the Federal Circuit, in a case involving patent infringement, trademark infringement, and violations of an unfair trade practices act, ruled that an award of attorneys fees under the Patent Act, 35 U.S.C. § 285, and the Lanham Act, 15 U.S.C. § 1117(a), … [Read more...] about Attorneys Fees Under Patent Act and Trademark (Lanham) Act Are Identical
“FIRST TUESDAY” trademark descriptive of new lottery games
In the case In re: North Carolina lottery, Case No. 2016-2558, Fed. Cir. August 10, 2017 (Available Here), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“TTAB”) decision refusing to register the mark FIRST TUESDAY in connection with lottery services and … [Read more...] about “FIRST TUESDAY” trademark descriptive of new lottery games
Lower Attorneys Fees Proper Against Defaulted Parties When No Willfulness Proven
The Court of Appeals for the Eighth Circuit upheld the district court’s decision denying plaintiff’s attorneys fees against a defendant in default because (a) the Federal Trademark Act, the Lanham Act, 15 U. S.C. § 1051, et seq, is grounded in equity; (b) plaintiff did not prove … [Read more...] about Lower Attorneys Fees Proper Against Defaulted Parties When No Willfulness Proven
