The Court of Appeals for the Federal Circuit upheld the USPTO Trademark Trial and Appeal Board (TTAB) decision which denied Citgroup’s opposition (see www.citibank.com) to Capital City Bank’s (see www.ccbg.com) efforts to register "CAPITAL CITY BANK." Years earlier, Capital had … [Read more...] about Citigroup Does Not Have Exclusive Rights to “City” Used By Capital City Bank
Trademark and Unfair Competition Claims Employed to Stop Copying of Karaoke Discs
In an innovative move which bypasses copyright infringement claims, Slep-Tone sued over a dozen karaoke DJs who use Slep-Tone’s karaoke discs. See Slep-Tone website at http://www.soundchoicestore.com. These compact discs have songs written in a special encoded format known as … [Read more...] about Trademark and Unfair Competition Claims Employed to Stop Copying of Karaoke Discs
THUMBDRIVE: Not Generic of Flash Drives and Hence Registrable
In a precedential decision, the USPTO Trademark Trial and Appeals Board (TTAB) rules that the 10 year old THUMBDRIVE mark is not generic of flash drives even though some commentators use "thumb drive" as synonymous with "flash drive." In re Trek 2000 Int’l Ltd., Ser. No. 77099785 … [Read more...] about THUMBDRIVE: Not Generic of Flash Drives and Hence Registrable
"Who Are You/What Are You" Test for Generic Trademarks
The Ninth Circuit Court of Appeals explained the difference between descriptive, but enforceable, registered marks and generic non-enforceable marks in Advertise.com, Inc. v. AOL Advertising, Inc., Case No. 10-55069 (9th Cir. Aug. 3, 2010) (available here). The Appeals Court … [Read more...] about "Who Are You/What Are You" Test for Generic Trademarks
Advertising Ideas and Insurance Coverage
The Comprehensive General Liability ("CGL") insurance policy typically used by many businesses oftentimes includes insurance coverage for misusing another’s "advertising idea." In Clarcor, Inc. v. Columbia Casualty, U.S. Dist. Ct, M.D. TN, Case No. 3:10-00336 (Dec. 16, … [Read more...] about Advertising Ideas and Insurance Coverage
Heart Attack Stops Heart Stoppers in Federal Court
The Heart Attack Grill www.heartattackgrill.com is a medically themed hamburger grill restaurant which has garnered considerable national media attention. Copyists periodically arise to ride on the coattails of the famous Heart Attack Grill restaurant. Due to the contrasting … [Read more...] about Heart Attack Stops Heart Stoppers in Federal Court
Diluting Victoria’s Secret – Rebuttable Presumptions on Sex Related Products
The trademark or brand owner of the nationally known Victoria Secret mark sued a small retail store located in Elizabethtown, Ky, called “Victor’s Little Secret” or “Victor’s Secret” for trademark dilution. Victor’s Secret sold sex toys and sexually oriented products. Victoria … [Read more...] about Diluting Victoria’s Secret – Rebuttable Presumptions on Sex Related Products
Zen in the NFL, I.P. Holding Companies and Antitrust
The U.S. Supreme Court, in American Needle, Inc. v. National Football League et al., 560 U.S. , Case no. 08-661, decided May 24, 2010, 2010 U.S. LEXIS 4166 (2010) , ruled that I.P. associations, when organized by separate decisionmakers, are subject to Section 1 of the Sherman … [Read more...] about Zen in the NFL, I.P. Holding Companies and Antitrust
