Has Solid 21 achieved secondary meaning in term RED GOLD, a form of gold with high copper content, used for luxury watches. Whether Richemont used the term descriptively will be question for jury, summary judgment denied.
Blockchain.io Responds to BLOCKCHAIN Trademark Lawsuit
I blogged the complaint filed by Blockchain Luxembourg against Blockchain.io here last week.
I have now been contacted by the head of communications for Blockchain.io, who asked that I post the following:
Paymium, that has been successfully operating a BTC/EUR exchange since 2013 and serving 170,000 customers, is currently closing its private ICO to accelerate
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
Text of Decision in D. Conn Motion to Dismiss re SPORTSPOD Trademark
Anthem Sports LLC v. Under the Weather, LLC, 17cv596 (D. Conn. March 6 2018)
Patent and trademark dispute relating to small tents for viewing outdoor sports. As 43(B)log points out, the judge used the term SPORTSPOD generically in the decision, which doesn’t bode well for the trademark claim.
Calling something a shoddy knockoff is
SUPERHERO v SUPERHERO LAWYER
For a business that sold fictional characters with extraordinary or superhuman characters, would you say that SUPERHERO is a brand name or a common name?
Law firm files for SUPERHERO LAWYERS for legal services. Marvel and DC, co-owners of incontestable registrations for SUPERHERO, oppose. Notice of opposition, with funny drawings, reproduced below, as well as
The Unsolved Genericide of TRAMPOLINE
I’m inclined towards the belief that genericide happens far less frequently than is believed (aspirin, escalator, zipper, yo-yo , thermos (with an asterisk) and very few others). Today’s NY Times ran an obituary of the inventor of the trampoline which makes the claim that George Nissen, added an ‘e’ to the Spanish word for diving
Seemingly Impossible Motion to Dismiss Re Genericness Allegation Against Registered Mark
Plaintiff owns registrations for, among other marks, FRAGRANCENET and FRAGRANCENET.COM. Defendant moves to dismiss based on genericness. The only record here is the pleadings. A registered trademark is entitled to a (rebuttable) presumption that it functions as a trademark. This seems to me to be an impossible 12(b)(6) grounds for dismissal, unless the motion to
ADVERTISING.COM and AD.COM v ADVERTISE.COM
MOOSE TRACKS is a brand; BLUE MOON is generic
Please Take This Genericism Survey
Long-time friend of the Trademark Blog, Pam Chestek, at her new blog, Property, Intangible, has written a genericism survey that she’d like you all to take.