That’s it. That’s the post.
Ron ColemanReally, just Sarah Burstein: Okay, okay. Sarah and Dennis Crouch. “Iconic,” of course, could stand in for “secondary meaning,” in this case acquired distinctiveness. But that is essentially a judicial…
Generic no more: Booking.com wins
Held, today, in the Supreme Court: Under these principles, whether “Booking.com” is generic turns on whether that term, taken as a whole, signifies to consumers the class of online hotel-reservation…
The Trademark Singularity: Part 2
If we learned anything in Tam, it is that the Register should not be an expression of value judgments. It is and should be a register (small s). Of trademarks.
LVL XIII v. Louis Vuitton – Appeal brief
If you depend on “fashion law blogs,” you might be surprised by what’s in this brief:
Wrong skillset for trademark registration (Best of 2016)
Originally posted on April 28, 2016. John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown…
Social media is evidence
Earlier this month (on August 15, 2016), two of my Archer & Greiner colleagues, Dan Farino and Douglas Leney, published an article in the National Law Journal called “Social Media…
Wrong skillset for trademark registration
John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that…
If infringement falls in a forest….
Can there be “infringement” of a trademark without confusion? As she is so apt to do, and to do so well, Pamela Chestek asks that question in this post, entitled…
De gustibus non est disputandum
The question, per last fall’s story, was this: Can you establish trademark rights in a flavor? The court said, unsurprisingly, “no.” As usual, I let someone better inclined to do…
Best of 2012: That distinctive date
Originally posted October 3, 2012. In a recent TTAB case my office faced a motion to compel answers to interrogatories requesting what would seem like a very relevant, and very…
Best of 2010: If you see something… it’s probably “trademarked”
First published on May 12, 2010. A while ago, while obsessing about New York’s Metropolitan Transportation Authority and its obsession with turning what might have once merely been viewed as…
Best of 2010: An opinion to Di for
First posted on May 5, 2010. I do a lot of bellyaching around here about how there are never any consequences for filing frivolous trademark and copyright lawsuits. What’s the…
Trademark attorneys shaken AND stirred over Walther product configuration TM ruling
Who says the Commissioner of Trademarks is “Dr. No”? To the contrary, some trademark registration applications Only Live Twice — and that’s quite enough. John Welch, The Man with the…
If you see something… it’s probably “trademarked”
A while ago, while obsessing about New York’s Metropolitan Transportation Authority and its obsession with turning what might have once merely been viewed as functional municipal signage or insignia into…