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“So, Your U.S. Trademark Registration is Being Audited”
The USPTO has implemented a program to audit trademark maintenance and renewal filings for the purpose of ensuring that trademark registrations were not being maintained in connection with goods and services for which the marks are no longer in use...
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GENERIC TOP LEVEL DOMAINS MAY NOT BE GENERIC
In a ruling that could have implications for applicants seeking trademark registration for domain names comprised primarily of descriptive or generic wording, the US District Court for the Eastern District of Virginia has overturned a finding by the...
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Technology Evolution in the Media Industry Supported by Pilot Program Allowing U.S. Trademark Registrations to be Updated
Media companies have changed the way they provide their goods and services to consumers as a result of ongoing evolutions in technology. A magazine that once distributed print copies may now provide access to its articles and advertisements online....
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False Declaration of Incontestability Not Enough to Cancel US Trademark Registration
BACKGROUND: Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark based...
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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...
Read Article 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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Copyright Protection for Works Resulting From Some Use of Artificial Intelligence in the United States
17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with...
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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...
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