Two kinds of analogy, as scrambled by an old and dear friend. Evidently, there is another kind. John Welch writes about a TTAB decision cancelling trademark registrations based on the petitioners use of the mark, for purposes of avoiding a defense of abandonment against the putative senior user, that is not quite trademark use but is “analogous to trademark use.” John writes about the rather thin reed on which the TTAB places the weight of this cancellation for the mark “ALS IK KAN” — Finnish for “All I Can” — by noting that the Board seemed to have done all it could to return the ownership of the mark to a lineal descendant of the senior user. I would have liked to hear more from John about this entire concept of “analogous to trademark use” use. Maybe I will.
May 9, 2013 | Comments Off on Semaphores and metales
Author:Ron ColemanI write this blog.
The question of whether consumers are likely to be confused is the signal inquiry that determines if a trademark infringement claim is valid. This blog is about trademark law, copyright law, free speech (mostly as it relates to the Internet) and legal issues related to blogging.
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