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

THE ZERO SUM GAME IN THE COLA WARS

In Royal Crown Company and Dr Pepper/Seven Up Inc v The Coca-Cola Company, Opposition 91178927, each party opposed the other’s trademark applications containing the term ZERO for soft drinks, sports drinks and energy drinks. Although Coca-Cola was...

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INDIA’S NEW NATIONAL INTELLECTUAL PROPERTY RIGHTS POLICY

On May 12, 2016 India published its National Intellectual Property Rights Policy (National IPR Policy) to raise awareness about the importance of IPR’s as a tool for financial and economic advancement. The mission of the National IPR Policy is to...

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The Effect of The Brexit (UK Departure from EU) on IP Rights

In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of leaving the European Union (EU). According to Article 50 of the Treaty on European Union (TEU), the United Kingdom will leave the EU two...

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

CALIFORNIA DISTRICT COURT PUTS BABY IN A CORNER

In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services Co, where the Central...

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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In a non-precedential decision in In re French Meadow Organic Bakery LLC, Serial No 86243820 (February 4 2016), the Trademark Trial and Appeal Board (TTAB) held that HEALTHY HEMP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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