25
Jun/18

Text of Fed Circ Decision in Royal Crown v Coke in COKE ZERO Case


Royal Crown opposed various applications by Coke to register terms that included the word ZERO, on grounds of genericness (or, in the alternative, that the terms were highly descriptive and Coke had not shown a sufficient degree of secondary menaing in the term).

The court instructed the Board to consider, on remand, whether ZERO is generic because it “refers to a key aspect of at least a sub-group or type of the claimed beverage goods.”

As to secondary meaning, the more descriptive a term is, the higher the level of secondary meaning that must be shown. A highly descriptive term such as, perhaps, ZERO, is held to an ‘exacting’ standard.

TTABlog discussion here.



6
Sep/14

Is MOO DUK KWAN Generic?




3
Sep/14

Trade Dress Protection in Catalogs, or Lack Thereof


bonella cards

From the knock-down drag-out world of religious prayer cards: plaintiff fails to establish trade dress in its catalog. Exhaustive discussion of analysis of trademark protection for the ‘look and feel’ of a catalog.

43(b)log discussion of Gerffert v Dean here.

gerffert trade dress in catalog.pdf



30
Aug/14

Defendant Fails To Rebut Presumption of Registrability in CHALK PAINT




30
Aug/14

What-Not-To-Do list for Surveys




25
Aug/14

SWEAT SHOPPE for cycling studio v SWEAT SHOPPE for day spa




2
Jun/14

INTA Amicus Brief re LADY GAGA brand Recorded Music in Japan


INTA amicus brief on whether LADY GAGA is registrable as a trademark for class 9 recorded music, in Japan.

inta lady gaga descriptiveness brief.pdf



7
Sep/11

REGISTERED AGENTS, LTD. v REGISTERED AGENT, INC.


Plaintiff has an incontestable registration for REGISTERED AGENTS, LTD. covering filing and retrieval of incorporation and corporate documents with government agencies.
Complaint Registered Agents Ltd Delaware
 

 

 



6
Jul/11

Apple Fails To Show Likelihood of Confusion re Amazon's Use of AppStore


ND Cal District Judge denies Apple’s motion for preliminary injunction regarding Amazon’s use of APP STORE FOR ANDROID.  The Court denied to hold whether APP STORE is a generic term, but rather held that Apple failed to show a likelihood of confusion (noting that Apple failed to show that APP STORE was a strong mark).  In the discussion of the dilution count, the Judge indicated that APP STORE is more ‘descriptive’ than ‘distinctive.’

Decision Apple v Amazon Prelim AppStore



26
Jul/10

Ticker Symbol Lawsuit


Coverage here:

Invesco Ltd., the Atlanta-based investment management company, has been sued by a Boston-based trust claiming infringement of its trademarks for exchange- traded funds.
Select Sector SPDR Trust said Invesco began marketing its PowerShares funds using the same XL ticker symbols SPDR has been using, in a complaint filed today in U.S. District Court in Houston.

Intrestingly, SPDR is a registered trademark of Standard & Poor’s.
Complaint SPDR Invesco Ticker Symbol Trademark