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... Read more
Tag: Secondary Meaning
An opinion to Di for
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 worst... Read more
That’s it. That’s the post.
Really, just Sarah Burstein: Okay, okay. Sarah and Dennis Crouch. “Iconic,” of course, could stand in for “secondary meaning,” in this case acquired distinctiveness. But... Read more
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... Read more
LVL XIII v. Louis Vuitton – Appeal brief
If you depend on “fashion law blogs,” you might be surprised by what’s in this brief: Originally posted 2017-03-02 23:45:01. Republished by Blog Post Promoter Read more
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... Read more
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... Read more
I enjoy being a trademark lawyer
John Welch at the TTABlog® has up what even he acknowledges is an “excit[ing]” post, in which he both imagines himself a woman and quotes... Read more
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... Read more
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. Read more
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... Read more
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... Read more
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,... Read more
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... Read more