TTAB Says No Go On Santiago

TTABlog: TTAB Dismisses Claim Invoking Unsatisfiable Santiago Trademark Convention (The Santiago Convention requires certification by an ‘Inter-American Burea. Alas, there have been no IABs since 1949).


The TTAB Means What It Says About Evidence, con't

TTABlog: Evidentiary Errors Lead to Dismissal of 2(d) Opposition for Failure to Prove Prioirty:

Rule 2.120 is a bit long, but it is worth reading now and then.


Text Of Petition To Cancel FACEBOOK Registration

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Aaron Greenspan, a college classmate of Mark Zuckerberg, has filed a petition to cancel Facebook’s first registration for FACEBOOK, on three grounds: (1) prior rights; (2) genericness; and (3) fraud on the PTO.
InfoLaw discussion here.

Read this doc on Scribd: petition to cancel FACEBOOK


Stoller Wins Procedural Motion Against Google

Latest in Stoller saga. Google went after Stoller ‘alter egos’ but not Stoller himself so Stoller ‘intervened.’ Next to last paragraph re $10,000 fine of interest.

Read this doc on Scribd: stoller 7th cir google order


TTAB Decision Re Attorney Signing Declarations and Fraud On The PTO

TTABlog commentary here.:

In a case “similar to Medinol,” the Board granted Petitioner’s motion for summary judgment on the ground of fraud as to four registrations owned by Respondent, finding that Respondent had made knowingly false statements in its Statements of Use (signed by its attorney) regarding use of its XEL HERBACEUTICALS marks on some of the goods listed in the registrations. Herbaceuticals, Inc. v. Xel Herbaceuticals, Inc., Cancellation No. 92045172 (March 7, 2008) [precedential]

Read this doc on Scribd: TTAB Rel fraud


Recently Filed Trademark Lawsuits

Rockbridge Capital, LLC v. Rockbridge Equity Partners, LLC
Ohio Southern District Court
Filed: March 5, 2008
Plaintiff: Rockbridge Capital, LLC, Rockbridge Capital, LLC Defendant: Rockbridge Equity Partners, LLC
Case Number: 2:2008cv00208
Stahls’ Incorporated et al v. All American Supply, Incorporated
Michigan Eastern District Court
Filed: March 3, 2008
Plaintiff: Stahls’ Incorporated, Stahls’ Special Projects, Incorporated Defendant: All American Supply, Incorporated
Case Number: 2:2008cv10888
RVCA Platform, LLC v. Nautica Apparel, Inc. et al
California Central District Court
Filed: February 29, 2008
Plaintiff: RVCA Platform, LLC, RVCA Platform, LLC Defendant: Nautica Apparel, Inc., Does
Case Number: 2:2008cv01436
Virco Mfg. Corporation et al v. Jonti-Craft, Inc. et al
California Central District Court
Filed: February 27, 2008
Plaintiff: Virco Mfg. Corporation, Virco Mfg. Corporation, Virco Mfg. Corporation, Virco Mgmt. Corporation, Virco Mgmt. Corporation and others… Defendant: Jonti-Craft, Inc., DOES
Case Number: 2:2008cv01332
Garmin Ltd. et al v. Pacific Coast Radio, Inc. et al
California Central District Court
Filed: February 26, 2008
Plaintiff: Garmin Ltd., Garmin Ltd., Garmin Corporation, Garmin Corporation, Garmin USA, Inc. and others… Defendant: Pacific Coast Radio, Inc., David George, DOES
Case Number: 2:2008cv01305
Appulate, Inc. v. ATIN For Small Business, LLC et al
California Central District Court
Filed: February 26, 2008
Plaintiff: Appulate, Inc. Defendant: ATIN For Small Business, LLC, James E Gilmore
Case Number: 2:2008cv01314
I obtained these listings from the Justia Docket Search.


TTABlog: Recent Developments in U.S. Law May Trouble Foreign Trademark Owners"

TTABlog: Unfriendly Shores? Recent Developments in U.S. Law May Trouble Foreign Trademark Owners

Foreign trademark owners who seek registration in the United States may be troubled by several recent developments in American trademark law. The Trademark Trial and Appeal Board’s current fraud jurisprudence holds an applicant or registrant strictly responsible for false statements made to the United States Patent and Trademark Office (USPTO) regarding use of its mark on the goods and services involved, with very little room for error or innocence. Recent case law on the issue of an applicant’s bona fide intent to use a mark indicates that, if a challenge is raised in an inter partes proceeding before the TTAB, the mark owner will be expected to corroborate its assertion of such intent with documentation. And a recent federal appellate court ruling requires a foreign applicant or registrant to appear in the USA for testimony in an inter partes proceeding involving its mark.


Well, You Get Three Years To File A Statement Of Use on That 19-0 Application

Giants 17, Patriots 14.


Trademork.com: A Reminder That TESS Is A Public Database

Trademork.com is an anonymous blog scouring new filing in TESS for interesting new filings.
Background on disclosure in trademark filings here.



This will be interesting:
Goods and Services beauty, hair care and personal care products
Serial Number 77337809
Filing Date November 27, 2007
Owner (APPLICANT) Twist, New.Brand.Venture
Background here.