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
Proving Trademark Use for Services Through Software as a Service (“SaaS”)
In the case of In re: JobDiva, Inc., 2015-1960 (Fed. Cir. 2016) (Available here), the Federal Circuit held that in connection with proving use of JobDiva’s mark for “personnel placement and recruitment,” the proper question is whether JobDiva, through its software, performed … [Read more...] about Proving Trademark Use for Services Through Software as a Service (“SaaS”)
Multi-Color Packaging Trade Dress NOT Inherently Distinctive
In Forney Industries, Inc. v. Daco of Missouri, Inc., D.C. No. 1:14:-cv-01326 (10th Cir. 2016)(Available Here), the Court affirmed the district court and found Foreny Industries, Inc.’s (herein “Forney”) use of color , which was not associated with any particular shape, pattern … [Read more...] about Multi-Color Packaging Trade Dress NOT Inherently Distinctive
