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New York Court Sides with PepsiCo on Remand in Ongoing Rise Brewing Dispute
In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair competition with respect to...
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TTAB CONFIRMS THAT BUILDING DESIGN MARKS LACK OF DISTINCTIVENESS
In In re Palacio Del Rio Inc (Serial Nos 88412764 and 88437801), the Trademark Trial and Appeal Board (TTAB) has issued an opinion affirming the refusal of two building design mark applications by Palacio Del Rio Inc (PDR) – a subsidiary of...
Read Article Fourth Circuit Confirms That ‘Gruyere’ is Generic for Cheese
Background The appellants, Interprofession du Gruyère and Syndicat Interprofessionnel du Gruyère, are two consortiums, Swiss and French, that regulate use of the term ‘gruyere’ to refer only to cheeses produced in the Gruyère district of...
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Change in Practice on Address for Service for International Trademarks and Designs Designating the United Kingdom
A recent ruling has resulted in an immediate change in the address for service requirements for inter partes matters in the United Kingdom, which will mostly affect such proceedings involving UK designations of international trademarks filed under...
Read Article FEDERAL CIRCUIT UPHOLDS PRELIMINARY INJUNCTION IN TRADE DRESS CASE
In SoClean Inc v Sunset Healthcare Solutions Inc (Case No 21-2311, 9 November 2022), the US Court of Appeals for the Federal Circuit issued a ruling enjoining defendant Sunset from marketing a particular configuration of medical device filters...
Read Article THE TRADEMARK MODERNIZATION ACT: A PRIMER FOR BRAND OWNERS
Background On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades. The TMA...
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