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 Wesley W. Whitmyer, Jr. Not every person is a match for every job. Patents are expensive and complicated legal documents. No less authority than the US Supreme Court noted long ago that “[t]he specification [Read More…]
By William L Birks III In a patent infringement suit, plaintiffs often seek damages for lost sales of infringing products. While this is the most obvious source of recovery, opportunities for larger damage rewards may [Read More…]
WHIPgroup recently made appearances on behalf of client WhitServe LLC in two IPRs brought by Dropbox Inc. The IPRs were filed in response to WhitServe’s patent infringement lawsuit against Dropbox Inc. in the District of Delaware. WhitServe’s U.S. Patent [Read More…]