The Primarily Merely a Surname Rejection Primarily Merely a Surname – You’ve submitted a trademark application and after many months, you finally receive news from the USPTO—but it’s an Office Action. There are several reasons you may receive a rejection from the USPTO for a trademark application, the most popular one being a Section 2d—“likelihood...Read More

TV-Streaming Service Provider May Seek Compulsory Copyright Licenses TV-Streaming Service Provider May Seek Compulsory Copyright Licenses – In what may be considered a surprise decision, a federal judge ruled that online television streaming service, FilmOn Air X, may be treated as a cable company by allowing it the same compulsory copyright licenses that broadcast companies...Read More

Amazon Faces Trademark Infringement Claim Amazon Faces Trademark Infringement Claim – The U.S. Court of Appeals for the Ninth Circuit found that internet-based retail giant Amazon.com could be misleading consumers by displaying a watchmaker’s competing products when users search for its watches (read the full opinion here). Multi Time Machine Inc. (“MTM”), a luxury, military style...Read More

The U.S. Court of Appeals for the Second Circuit ruled the Polo Association may sell sunglasses with a logo that is similar to the Ralph Lauren trademark.lRead More

TTAB Decisions Have Preclusive Effect on Later Litigation TTAB Decisions – In yet another intellectual property-focused case, the Supreme Court has ruled that a decision by the Trademark Trial and Appeal Board (TTAB) may have a binding, preclusive effect on later litigation in a federal district court. The opinion came with a narrowed focus, allowing...Read More

Oprah Wins Round Two – Trademark Infringement Case Oprah Winfrey claimed a second victory against motivational speaker Simone Kelly-Brown in a trademark battle over the phrase “Own Your Power.” Kelly-Brown and her company, Own Your Power Communications, claimed Winfrey, and other named Defendants infringed on her trademark under both federal and state laws, and included...Read More

Decreased Filing Fees & Increased Efficiency Promises USPTO Decreased Filing Fees – In what should come as great news to attorneys and their clients, the United States Patent and Trademark Office (USPTO) has amended several regulations that will increase electronic processing of trademark applications while reducing application fees. To achieve this, the USPTO will offer...Read More

Trademarking Food – Pizzeria Makes Case Pizzeria Makes its Case for Trademarking Food – A federal court in Texas ruled that flavors of a pizza chain’s food and its plating techniques lacked trademark and trade dress protection. The pizza chain, New York Pizzeria, Inc. (NYPI) alleged that Ryandir Syal, a restaurateur, along with other defendants,...Read More

What began as a trademark infringement case, developed into a battle of possible “genericide” when two popular moving and storage companies went head-to-head in federal court. Back in 2012, PODS sued U-Haul for trademark infringement for its use of “pods” under both state and federal laws. U-Haul countered that it was not infringement, because pods...Read More

Intellectual Property Law – No Dull Moments Intellectual Property Law – With Labor Day quickly approaching, and Back-to-Work and Back-to-School mentality haunting many of our minds, it’s a good time to reflect on what’s transpired in the IP world so far this year. From the Trademark Trial and Appeal Board (TTAB) revoking the Redskins’ registered...Read More