24 results for 'court:"Trademark Trial and Appeal Board"'.
Upon the board's redesignation of the 2022 opinion as precedential, J. Wolfson grants a comic book maker's petition to cancel a comic book company's registration of the mark, Captain Cannabis. The comic book maker proves a priority of use of the mark under common law.
Court: Trademark Trial and Appeal Board, Judge: Per curiam, Filed On: January 3, 2024, Case #: 92064830, Categories: Trademark
Interlocutory Attorney Winter severs Gibson Brands' counterclaim seeking cancellation of a company's mark, Silver Sky Nebula, for guitars from the company's action seeking cancellation of Gibson's Theodore mark for stringed instruments. The claims do not arise from the same transaction, and severing the counterclaim from the original cancellation proceeding would enhance judicial economy.
Court: Trademark Trial and Appeal Board, Judge: Winter, Filed On: December 29, 2023, Case #: 92080470, Categories: Trademark
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By the board, Monster Energy fails to show the applicant's "M" mark is likely to cause confusion, as there is no question the companies' marks are dissimilar. However, the applicant must file a separate motion for summary judgment on Monster's dilution claim, which remains pending.
Court: Trademark Trial and Appeal Board, Judge: Per curiam, Filed On: November 21, 2023, Case #: 91269187, Categories: Trademark
J. Hudis reverses, in part, the examining attorney's refusal to register applicant's mark, "Follow the Leader," for promotional, financial, travel and other services. The phrase does not convey a single, common meaning across a variety of services, and it is capable of functioning as an indicator of the source of applicant's services. Reversed in part.
Court: Trademark Trial and Appeal Board, Judge: Hudis, Filed On: November 21, 2023, Case #: 90641690, Categories: Trademark
[Consolidated.] Interlocutory Attorney Lembree grants Instagram's motion to take depositions from two Australia-based officers of Instagoods in Instagram's opposition to registration of the mark, Instagoods. Instagram has shown good cause to take the depositions orally and that videoconference is appropriate.
Court: Trademark Trial and Appeal Board, Judge: Lembree, Filed On: October 11, 2023, Case #: 91266266, Categories: Trademark, Discovery
J. Greenbaum sustains a metal alloy company's opposition to a competitor's application to register the mark, HME, which the opposer argues falsely suggests the two companies are affiliated. Opposer, which uses the mark, KME, shows there is a likelihood of confusion.
Court: Trademark Trial and Appeal Board, Judge: Greenbaum, Filed On: September 29, 2023, Case #: 91267675, Categories: Trademark
J. Larkin reverses, in part, the examining attorney's refusal to register a healthcare company's application to register the mark, Impact, for an online network providing access to aggregated healthcare data, among other things. Confusion is not likely with the online website services registration, or the registration for charitable services.
Court: Trademark Trial and Appeal Board, Judge: Larkin, Filed On: September 18, 2023, Case #: 88706809, Categories: Communications, Health Care, Trademark
J. Elgin grants, in part, an applicant's motion to partially strike IBM's opposition to its application to register the mark, Sterling and IBM Sterling. Certain portions of the IBM's amended opposition must be stricken, as it failed to address these issues in its initial filing.
Court: Trademark Trial and Appeal Board, Judge: Elgin, Filed On: September 8, 2023, Case #: 91273403, Categories: Trademark
J. Shaw upholds the examining attorney's refusal to register a mark that consists of the face of a computer game character for computer game programs and software. The mark identifies a character within the applicant's game, rather than an indicator of his products.
Court: Trademark Trial and Appeal Board, Judge: Shaw, Filed On: August 28, 2023, Case #: 97115036, Categories: Trademark
J. Larkin upholds the examining attorney's refusal to register the mark, Church Boy to Millionaire, for faith-based coaching books and related materials. The applicant provided only one example of the use of the mark in connection with a book. Affirmed.
Court: Trademark Trial and Appeal Board, Judge: Larkin, Filed On: August 15, 2023, Case #: 88388841, Categories: Trademark
J. Adlin reverses the examining attorney's refusal to approve Duracell's application to register a three-note musical sound for its batteries, referring to the sound as "'merely advertisements.'" Duracell shows the musical sound is used as part of certain displays associated with the batteries and, therefore, demonstrates trademark use.
Court: Trademark Trial and Appeal Board, Judge: Adlin, Filed On: July 24, 2023, Case #: 90559208, Categories: Evidence, Trademark
J. Kuhlke finds there is no likelihood of confusion regarding an applicant's mark, EVogue, for cell phone cases, earphones and several other cell phone-related items, with the well-known publishing mark, Vogue. There is no evidence of marketing overlap, and the applicant's affirmative defense of laches is a complete defense against the claim of dilution.
Court: Trademark Trial and Appeal Board, Judge: Kuhlke, Filed On: June 28, 2023, Case #: 91247034, Categories: Trademark
J. Adlin reverses the examining attorney's refusal to register a girl musical group's mark, Boys World, for recordings of their music. Due to the widely recognized band name in association with the girl group, the mark is a source identifier. Reversed.
Court: Trademark Trial and Appeal Board, Judge: Adlin, Filed On: June 14, 2023, Case #: 88981832, Categories: Trademark