In a recent non-precedential decision, the Trademark Trial and Appeal Board ruled that the fast food chain Del Taco, Inc. (Del Taco) no longer enjoys trademark rights in the NAUGLES brand associated with Naugles, Inc., a California-based fast food chain that Del Taco acquired in the late-1980s.
In a precedential ruling, TTAB held that SMARTBALANCE for frozen foods was not likely to be confused with SMARTONES for frozen foods in light of the weakness of the common term “SMART,” the differences in the marks, the 17-year peaceful co-existence of the parties’ marks, and more.
On March 24, 2015, the Supreme Court issued its much anticipated second trademark decision of the term, holding that US Trademark Trial and Appeal Board (TTAB) decisions concerning likelihood of confusion generally have preclusive effects in federal court.
In the non-precedential ruling, the Trademark Trial and Appeal Board (TTAB or Board) found that the marks “MASQUERADE” and “MASCARADE” are likely to be confused for different alcoholic beverages. In re 8 Vini, Inc., Serial No. 85857391 (January 16, 2015) [not precedential].
The alleged descendants of Aunt Jemima (a.k.a. Anna Short Harrington) do not have a valid claim to the great syrup fortune of Pepsi and Quaker Oats, according to a recent ruling by the US District Court for the Northern District of Illinois.
In a recent decision, the Federal Circuit clarified the “use in commerce” requirement for trademark applications filed in connection with the provision of a service.
There was good news for those companies that have products with unique designs at the US Patent and Trademark Office (PTO). The PTO found that the design of a monster truck could be protected and registered as trade dress for the “services” offered by the owner.
In a succinct eight-page opinion, the Supreme Court ruled unanimously last week that trademark “tacking” is a question of fact that should generally be decided by juries.
On January 16, 2015, Sens. Jerry Moran (R-KS) and Mark Warner (D-VA) introduced S. 181 (The Startup Act), which is meant to promote new business formation, especially in the information technology industry.
In a precedential ruling, the Trademark Trial and Appeal Board of the US Patent & Trademark Office (USPTO) sustained an opposition by McDonald’s to the mark MCSWEET for pickled gourmet vegetables on the grounds that it infringed on and diluted McDonald’s famous family of “MC” for formative marks.
Arent Fox Intellectual Property partner Alec P. Rosenberg was quoted by Law360 in an article previewing the most closely watched copyright and trademark cases in 2015.
For the first time since 2009, the Trademark Trial and Appeal Board (TTAB) of the US Patent & Trademark Office (USPTO) has sustained an opposition on the grounds that the applicant committed fraud on the USPTO.
On September 10, 2014, JPT Group, owner of the iconic American fashion brand Bernardo, filed suit in the Southern District of Texas alleging that Old Navy infringed two of Bernardo’s design patents for sandals.
Fourth Circuit in McAirlands Inc. v. Kimberly-Clark Corp. recently held that ownership of a utility patent does not necessarily preclude a claim in trade dress.
On August 20, 2014, Judge Leonard P. Stark issued what appears to be the first order requiring a branded pharmaceutical company to delist a patent from the Food & Drug Administration’s (FDA) Orange Book.