Author: Dennis S. Prahl | Practices: | Tags:

ALTHOUGH HEALTHY HEMP MAY DO MANY THINGS, IT DOES NOT FUNCTION AS A TRADEMARK

In a non-precedential decision in In re French Meadow Organic Bakery LLC, Serial No 86243820 (February 4 2016), the Trademark Trial and Appeal Board (TTAB) held that HEALTHY HEMP was merely descriptive of “bakery goods; breads; tortillas; all of...

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Authors: John Richards, | Practices: , , , , , , , , , , | Tags: , , , , , , , , , , , , , , ,

2016: Developments in Intellectual Property Law You Should Know About

This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary Patent making its debut in...

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Author: Matthew D. Asbell | Practices: | Tags: , ,

Acquired Distinctiveness of Trademarks in the United States

Business enterprises often prefer to adopt trademarks that describe the company’s goods or services because they require less of an investment to develop the brand and educate the target consumer. This is in contrast to trademark counsel’s...

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Authors: Matthew D. Asbell, | Practices: , | Tags: , , , ,

European Community Trademark registration for patterns and three-dimensional marks requires Acquired Distinctiveness in Each Member State

Owners of pattern and three-dimensional marks should take note of the substantial burden of proving acquired distinctiveness of their marks through use throughout the European Union. On April 21, 2015, Louis Vuitton’s European Community trademark...

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Author: Ralph H. Cathcart | Practices: ,

B&B Hardware v. Hargis – What it Means and How it will Affect TTAB Litigation

The U.S. Supreme Court recently issued a decision that may significantly impact how Trademark Trial and Appeal Board (“TTAB”) cases are litigated and whether potential litigants elect to forego TTAB litigation in certain circumstances.  In...

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Authors: Matthew D. Asbell, | Practices: , | Tags: , ,

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

On July 8, 2015, the United States District Court for the Eastern District of Virginia, in Pro-Football, Inc. v. Amanda Blackhorse, et al.1, affirmed the TTAB’s decision to cancel the six Redskins trademarks from Federal Registration, finding that...

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