Author: Dennis S. Prahl | Co-Author: Edward Baxter | Practices: , | Tags: , , , , ,

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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Authors: Dennis S. Prahl, Edward Baxter | Practices: , | Tags: , , , ,

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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Authors: Dennis S. Prahl, Jerry Jakubovic, Edward Baxter | Practices: , , | Tags: , , , , , ,

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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Author: John Richards | Practices: , , | Tags: , , , , , , , , , ,

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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Authors: Dennis S. Prahl, Jerry Jakubovic | Co-Author: | Practices: , , | Tags: , , , , ,

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...

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Authors: Jerry Jakubovic, Dennis S. Prahl | Practices: | Tags: , , , ,

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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