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WHIPgroup Files New Opposition at TTAB over INFINITY®

October, 23rd, 2017

WHIPgroup has filed a trademark Notice of Opposition on behalf of its client Mirage Granito Ceramico SPA (“MGC”) with the Trademark Trial and Appeal Board, Opp. No. 91237302. MGC is an Italian company which sells [Read More…]

Photographic Design Creates Same Commercial Impression as Applied-for Line Drawing

October, 13th, 2017

By Walter B. Welsh A specimen showing a photographic depiction of a design mark satisfied use requirements for an applied-for line drawing despite apparent visual differences because the differences were inconsequential and did not change the [Read More…]

Earnhardt Family Races Through Federal Circuit Over Surname

August, 8th, 2017

By Christopher J. Stankus On July 27, 2017, the Federal Circuit vacated and remanded for reconsideration the TTAB’s finding that the mark EARNHARDT COLLECTION is not primarily merely a surname because it was unclear whether [Read More…]

Supreme Court Rules Disparagement Refusals Unconstitutional—Will Scandalous Refusals Be Next?

July, 14th, 2017

By Chelsea A. Russell On June 19, 2017, the Supreme Court expanded trademark protection in its much-awaited ruling of Matel v. Tam, 582 US ___ (2017). The Lanham Act has long held that a trademark [Read More…]

Gene Simmons’ Gesture of Love…or Devil Horns. Can’t tell…

June, 23rd, 2017

By Christina L. Winsor Gene Simmons a/k/a “the Demon” and famous rocker of the band KISS filed a US Federal trademark application, Serial No. 87482739, on June 9, 2017 for “his” devil horns hand gesture [Read More…]

While Fame Is All-Or-Nothing For Some And Relative For Others, This Is Not To Be Confused At The TTAB

June, 7th, 2017

By Michael J. Kosma In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit was “perplexed” by the TTAB’s finding that Phelp’s INSIGNIA wine has no “fame,” giving no [Read More…]

Recent Supreme Court Decision Enhances Fashion Design IP Rights

April, 13th, 2017

By Chelsea A. Russell Protecting fashion designs through intellectual property rights has always been an important aim of the fashion industry. When you think of knockoffs your mind immediately drawn to handbags, designer imitations, and [Read More…]

WHIPgroup Wins Trademark Opposition Trial

March, 29th, 2017

In a rare full trial proceeding before the Trademark Trial and Appeal Board, WHIPgroup prevailed in a trademark opposition on behalf of its client Hybrid Athletics, LLC. During its trial period, Hybrid offered an abundance [Read More…]

Trademark Office Enacts New Audit Program for Declarations of Trademark Use

March, 28th, 2017

By Walter B. Welsh Effective March 21, 2017, the USPTO is auditing declarations and affidavits of trademark use submitted under sections 8 and 71 (“declarations”). The program comes in response to a pilot study that [Read More…]

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