Searching Content indexed under Arbitration & Dispute Resolution by Wolf, Greenfield & Sacks, P.C. ordered by Published Date Descending.
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TTAB Test: Is EAST END Geographically Descriptive Of A Houston Applicant's Alcoholic Beverages?
The USPTO refused registration of EAST END for "Alcoholic beverages, except beers, ales, stouts, ciders and wines; alcoholic beverages, namely, distilled spirits, vodka,"...
United States
8 Aug 2018
TTAB Affirms Refusal To Register EARTHBORN REBORN For Pet Food Due To Faulty Specimens Of Use
The Board affirmed a refusal of the mark EARTHBORN REBORN, in standard character form, for "pet food," under Sections 1 and 45 of the Trademark Act.
United States
1 Aug 2018
For Indefiniteness Challenges In District Court, Don't Forget What You Said In IPR
A recent district court decision illustrates that petitioners should think carefully about requesting IPRs of claims that they may challenge as indefinite in litigation.
United States
13 Jul 2018
TTAB Test: Is NIGHT Confusable With NOCHE For Wine?
The USPTO refused to register the mark NIGHT for wine, finding it likely to cause confusion with the registered mark NOCHE, also for wine.
United States
28 Jun 2018
Precedential No. 21: TTAB Extends Safer Requirements To Internet Evidence Submitted By Applicants
In yet another decision involving the admissibility of Internet evidence, the Board made clear that its recent ruling in In re Mueller Sports Medicine ...
United States
14 Jun 2018
Precedential No. 20: Prior Registration Of 5IVE RESTAURANT Fails To Shield 5IVE STEAKHOUSE From Section 2(d) Refusal
In a precedential, ruling, the Board affirmed a Section 2(d) refusal of the mark 5IVE STEAKHOUSE & Design (below left) in view of the registered mark 5IVESTEAK (Stylized), both for "restaurant and bar services."
United States
11 Jun 2018
TTAB Affirms Trifusal Of NRG For Coffee: 2(D), 2(E)(1) Descriptiveness And Deceptive Misdescriptiveness
Hitting the trifecta is a good thing, right? Don't bet on it. Applicant Trilliant was hit with a "trifusal" (TM The TTABlog), in its application to register the mark NRG ...
United States
5 Jun 2018
TTAB Vacates Prince Of Wales Section 2(B) Decision And Remands Application To The Examining Attorney
On remand from the CAFC, the TTAB has vacated its precedential March 31, 2017 decision in In re Shabby Chic Brands LLC, 122 USPQ2d 1139 (TTAB 2017)...
United States
21 Mar 2018
TTAB Sustains HONEY PIG Opposition Despite Ten Years Of Parties' Coexistence
In a 36-page opinion, the Board sustained a Section 2(d) opposition to registration of the mark HONEY PIG, in standard form...
United States
20 Mar 2018
Precedential No. 7: TTAB Denies Motion To Strike Disclosure Notice And Preclude Expert Testimony
In this consolidated cancellation proceeding involving registrations for the marks MONSTER SEAL A FLAT, MONSTER UP, and UNLEASH THE BEAST for "tire sealing compound ...
United States
16 Mar 2018
Precedential No. 6: TTAB FInds MECHANICALLY FLOOR-MALTED Generic For ... Guess What?
The Board affirmed the USPTO's refusal to register the term MECHANICALLY FLOOR-MALTED, in standard characters, finding it to be generic for "malt for brewing and distilling" in International Class 31 ...
United States
15 Mar 2018
TTAB Test: Is "ALL IN ONE" Merely Descriptive Of Electric Wall-Mounted Hand Dryers?
The USPTO refused registration of the mark ALL IN ONE, finding it to be merely descriptive of "electric wall-mounted hand dryers."
United States
6 Mar 2018
WHITE SANGRIIIA Merely Descriptive Of Cocktails, Lacks Acquired Distinctiveness, Says TTAB
The Board affirmed a Section 2(e)(1) refusal to register WHITE SANGRIIIA for "Prepared alcoholic cocktail; Alcoholic beverages except beers" ...
United States
1 Mar 2018
TTAB Test: Are These Two Marks For Fruit Preserves Confusingly Similar?
The USPTO refused registration of the mark PANACHE (in standard characters) for "apple butter; apple purée; processed apples," finding it likely to cause confusion ...
United States
27 Feb 2018
TTAB Test: Are Cigars Related To Alcoholic Beverages For Section 2(d) Purposes?
The USPTO refused registration of the mark TERNURA for cigars, finding it likely to cause confusion with the identical mark registered for "liquor; tequila; vodka; wines."
United States
6 Feb 2018
What Is The Likelihood Of TTAB Affirmance Of A Section 2(d) Refusal?
As I do every year since Hector was a pup, I have reviewed the TTAB's FOIA page in an attempt to estimate the percentage of Section 2(d) likelihood-of-confusion refusals that were affirmed by the Board...
United States
24 Jan 2018
TTAB Grants Summary Judgment Re Bogus Fraud Counterclaim
The Board granted Opposer Kastle's motion for summary judgment, dismissing Applicant Lee's counterclaim alleging fraud in the procurement of one of Kastle's pleaded registrations.
United States
23 Jan 2018
Precedential No. 27: TTAB Suspends LATEA Opposition In View Of Arbitration Clause
The Board suspended this opposition proceeding in view of an LLC operating agreement that called for arbitration of any dispute between the members of the LLC arising out of or relating to the agreement.
United States
28 Sep 2017
ITC v. PTAB: Is Winning In IPR Enough To Avoid An ITC Exclusion Order?
Parties accused of patent infringement often turn to IPRs to invalidate the asserted patents, and winning in an IPR can mean relief from whatever remedy would be imposed as a consequence of a finding of infringement.
United States
6 Sep 2017
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