The US Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) held in In re Bay State Brewing Company, Inc., Serial No. 85826258 (TTAB, February 25, 2016) that a consent agreement may not necessarily overcome a likelihood of confusion rejection by trademark examining attorney. At issue in the case was whether TIME TRAVEL BLONDE…

On December 21, 2012, the U.S. Court of Appeals for the Federal Circuit issued its decision in Stephen Slesinger, Inc. v. Disney Enterprises, Inc., __ F.3d __ (Fed. Cir. 2013).  In the opinion, the Federal Circuit affirmed the U.S. Trademark Trial and Appeal Board’s (“TTAB”) ruling that the appellant’s cancellation action was barred, by collateral estoppel, due…

On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Lens.com, Inc. v. 1-800 Contacts, Inc.  In the case, the Federal Circuit upheld a decision of the USPTO Trademark Trial and Appeal Board (“TTAB”) granting a motion for summary judgment and ordering the cancellation of Lens.com’s…

  On July 9, 2012, the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“TTAB”) refusal of Midwestern Pet Foods’ (“Midwestern”) application for the mark WAGGIN’ STRIPS due to a likelihood of confusion with another mark, BEGGIN’ STRIPS, owned by Societe des Produits Nestle (“Nestle”). Midwestern filed an…

In a precedential opinion, on February 27, 2012 the US Trademark Trial and Appeal Board sustained four oppositions filed by Research in Motion (RIM) against Defining Presence Marketing Group, Inc. (DPMG). Link to Case here. DPMG had filed four trademark applications, each for the mark CRACKBERRY.   Three of the CRACKBERRY applications were filed in…

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