Tomorrow I will be presenting a webinar, along with Ted Davis, for the New York Intellectual Property Law Association, on recent trademark cases in the courts and at the TTAB. Here (pdf) is an article I prepared, briefly summarizing the precedential decisions of the CAFC and the TTAB over the past twelve months.
The CAFC issued four precedential opinions, an important
decision on the registrability of color packaging
(Forney), a mundane Section 2(d) case (QuikTrip),
and two involving what used to be called "standing," but
is now referred to as "entitlement to a statutory cause of
action" (Australian Therapeutic and
Corcamore). On the TTAB side, there's a rare Section
14(3) misrepresentation of source decision (THUMS UP and LIMCA), an
interesting twist on the application of Lexmark
(ADVENTIST), a dilution decision (Coca-Cola), a half-dozen
failure-to-function rulings (e.g., GOD BLESS THE USA), and
a new surname case (tapio).
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