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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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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...
Read ArticleTTAB DECISION UNDERSCORES DIFFICULTY OF PROVING FRAUD BEFORE THE USPTO
In Tommie Copper IP Inc v Gcool-Tech Usa LLC (Opposition No 91223768 (9 May 2018) ), the Trademark Trial and Appeal Board (TTAB) has dismissed an opposition where the applicant did not have use in commerce at the time of filing the application and...
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IT’S 2018: THE IMPACT OF IP DECISIONS FROM 2017
2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme Court. U.S. Supreme...
Read ArticleCLEVELAND INDIANS TO DISCONTINUE USE OF CHIEF WAHOO ON PLAYER UNIFORMS; LIMITED USE OF THE LOGO TO CONTINUE IN ORDER TO PRESERVE FEDERAL TRADEMARK RIGHTS
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Read ArticleWASHINGTON REDSKINS’ US TRADEMARK REGISTRATIONS REINSTATED BY THE FOURTH CIRCUIT
On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in light of the Supreme...
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