WHIPgroup filed an opposition on behalf of its client Doctor’s Associates Inc. (“DAI”) against Janco, LLC, for its application to register the mark FLATIZZA for pizza. The Trademark Trial and Appeal Board sustained the Section 2(d) opposition, finding that Applicant Janco, LLC had not used the applied-for mark in commerce prior to the filing of its use-based application to register. Doctor’s Associates Inc. v. Janco, LLC, Opposition No. 91217243 (January 7, 2016). Janco had operated a single restaurant in Bothell, Washington. The Board found insufficient evidence to show that the restaurant operated in interstate commerce, and therefore found the application to be void ab initio because the mark was not used in commerce prior to the Section 1(a) filing date.
By Hao Zhang and Patrick D. Duplessis U.S. inventors seeking to protect their IP rights worldwide often file foreign patent applications in markets where they conduct business or where they are likely to find infringers [Read More…]
The Federal Circuit recently provided insight into the complicated issue of § 101 subject matter eligibility for method of treatment claims. In Vanda Pharmaceuticals Inc v West-Ward Pharmaceuticals, 887 F.3d. 1117 (Fed. Cir. 2018), a [Read More…]
On July 17, the WHIPgroup Tech Entrepreneur Meetup will return to the important topic of Artificial Intelligence. We will hear from the co-founders of Dreyev (pronounced “drive”), an interactive driving safety system that combines AI with [Read More…]