IPKAT has migrated to a home here. Current articles concern Elvisly Yours and Viral Marketing.
Fed Circuit Says TTAB Is Mistaken As To What Is A Mistake
The TTAB will honor an extension request to oppose filed in the name of the wrong party if the mistake was to form of the name but not to actual identity of the party. Opposer’s entity filed an extension request using the wrong name of potential opposer. TTAB disallowed the opposition. The Fed Circuit reversed. You
Try The Hangar Steak
Federal Circuit case remands TTAB refusal of LE MARAIS for a restaurant. The PTO had not applied the proper test as to whether there was “some heightened association between the services and the relevant geographic denotation.” Direct evidence of such an association “might show that customers would patrinize the restaurant because they believed the food
Who Owns The UNIX Trademark?
Searchenterpriselinux.com article on The Open Group, a NFP group that, according to this article, owns the UNIX trademark. More on the Open Group’s claims here and on its branding guidelines here.
Those Who Forget The Past May Be Forced To Use Paid Services Such As Nexis
Register article on a German decision upholding use of ‘headline scrapers’ that allow for deep-linking. Also a mention that the NY Times is talking to Google about removing its archives from Google’s caches.
Issues Re Tissues
Interesting article form The MicroEnterprise Journal. Tabberone buys fabric as a raw material and creates items such as aprons and tissue box covers (see picture). Some items were made from fabric displaying authorized licensed copyrighted and trademarked properties, such as sports teams logos. Tabberone sells these items on eBay. In one auction the headline refers
It May Be The Patent and Trademark Office But They are Two Different Specialties
Fellow embroiders images of the PT CRUISER on apparel, sells it on Ebay, Chrysler protests, felow makes David v. Goliath free speech defense, rest of story here.
Trademark lawyers will smirk at the last paragraph of the story:
Because there can be several legal issues involved, professor Abrams said someone accused of trademark infringement should contact
Verizon Sues Nextel Over PUSH TO TALK Trademark
The Journal News is reporting a story from Bloomberg News that Verizon is suing Nextel over Nextel’s recently issued registration for PUSH TO TALK (no online versions of the story available as of Sunday morning). Verizon had sued Nextel in June alleging theft of trade secrets, which suit Nextel has moved to dismiss. Nextel’s
Somewhat Relevant Trademark Story
I try not to work blue but this pretty much the perfect story to run after the LEVITRA piece below. This is the logo of Powergen’s Italian sub. Click here for the domain name they use, via Pollas.dk. Here is the de-bunking, alas.
Today's Trademark Brain-Teaser
LEVITRA is the name of a new drug used to treat sexual dysfunction. It will compete with VIAGRA (see here). It has been approved for and is expected to be approved for use in the U.S. soon. Its manufacturer owns a U.S. registration under Section 44 (ownership of a foreign registration) but would likely