How generic is your cupcakery? Or is it CUPCAKERY™ after all?
From Ryan Gile: Is CUPCAKERY a generic term for a cupcake bakery? At first, the word “cupcakery” seems somewhat suggestive–a unique play on the words... Read more
Category: Trademarks and trademark law
Mommy’s trademark infringement
Mommy’s Time Out wine, a photo by Ron Coleman on Flickr. I couldn’t but snap the above shot of “Mommy’s Time Out” wine when I... Read more
Best of 2012: Bates and hooks
Bates numbering, that is. As a litigator, I’ve been living with Bates-numbering, or Bates-stamping, for over 20 years. (I’m not the only one!) I have... Read more
Verb That Adjective Noun! “Google” Is Not (Yet) Generic.
It was bound to happen sooner or later—and in fact it happened back in 2012. Someone sued to have “Google” declared generic and the registration... Read more
Canada: Courts can distinguish TM fraud from error
Larry Munn: The Federal Court recently made clear that Canadian law does not recognize a rule equivalent to the U.S. doctrine of fraud on the... Read more
Petition for certiorari in the FLANAX case
Originally posted 2016-10-20 17:38:54. Republished by Blog Post Promoter Read more
Keeping it real: Bye-bye, Banksy
Trademarks are an open book — even for Banksy. One of the signal features of the United States trademark registration system is its openness. As... Read more
THE SLANTS trademark: The CAFC reply brief
If you’re following the excitement, you’ve already bookmarked and, presumably, shared with all your friends our initial Federal Circuit brief filed in support of the... Read more
Goldman Sachs, those big losers!
Remember Mike Morgan, the flaky sort who dast challenge the mighty Men of Gold? Now it’s over, like just another paid-back multi-billion dollar loan,... Read more
Immoral, scandalous and obsolete
"Trademarks" today are foisted on everyone, everywhere, all the time Read more
Pick your poison
Is it infringement or a breach of contract? Is it a license or an assignment? Well, whatever it is, it’s a little complicated, and Pamela... Read more
If this is the TTAB, that must not be fraud
Mostly by way of linking to posts by John Welch, I have for years been following the post-Bose decline of fraud on the PTO as... Read more
Mutilated marks
The TTABlog tracks the latest learning on “mutilated” (incomplete) trademarks, or at least purportedly incomplete ones. You just have to read John Welch’s blog on... Read more
The generic agony of defeat
The best LIKELIHOOD OF CONFUSION® blog item title ever was evidently wasted — and I’m sorry I didn’t keep you quite so up to date... Read more