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Trademark application opposed? Consider settlement

By James Hastings on June 17, 2019

It is important to consider your options prior to filing an Answer if your trademark application is opposed. Trademark Opposition. A trademark opposition is an inter-partes proceeding before the U.S. Trademark Trial and Appeal Board. Any third-party may file a notice of opposition against a trademark on one or more several grounds. These include that the applied for mark is: likely to cause confusion with the Opposer’s preexisting registered mark or common law rights; merely…

Healthcare Marketing Law Guide

Home healthcare trademark infringement

By James Hastings on May 24, 2019

A trademark infringement case was filed this week that involves a dispute between two home healthcare agencies. The case, Acaria Inc. v. Acaria Home Health LLC, et al., is currently pending in federal district court in Colorado. The plaintiff, Acaria, Inc., doing business as Acaria Homecare, is a home care agency located in Lakewood, Colorado. Acaria is the owner of U.S. Trademark Reg. No. 4524982 of ACARIA HOMECARE for “home visiting nurse care; nursing care;…

Trademark Opposition Lawyer

Practical Advice for TTAB Proceedings

By James Hastings on May 20, 2019

Practical Advice for TTAB proceedings was the subject of a session at INTA Boston 2019. The topics of discussion were as follows: Difference between TTAB and District Court. Proceedings before the TTAB are usually more narrow and streamlined. This is due, in large part, on the limited jurisdiction of the Board to issues of registrability only. Scheduling. The TTAB gives the parties a little more flexibility on the scheduling, particular where both parties consent to…

Trademark Opposition Lawyer

Petition to Cancel Trademark Challenges

By James Hastings on April 23, 2019

A recent petition to cancel a trademark registration is a good lesson in what constitutes a well-drafted cause of action. In Bonehead Brands, LLC v. Direct Impulse Design, Inc., Petitioner sought to cancel Reg. No. 3182681 of the mark BONE HEAD OUTFITTERS and Design for various apparel items in International Class 25. The Respondent thereafter filed a motion for summary judgment on Petitioner’s pleaded claim of abandonment. The history leading up to the motion for…

Healthcare Marketing Law Guide

Health Marketing Mistake of the Week

By James Hastings on April 8, 2019

A relatively simple health marketing mistake could be costly to your and your brand. This past week we were looking at a couple of health marketing agencies that were touting the success of their clients’ recent marketing campaigns. One campaign for a regional hospital caught our attention. It is an example of great marketing that could quickly go bad. The Marketing Campaign. The centerpiece of the hospital’s marketing campaign was a new tagline. The tagline…

Healthcare Marketing Law Guide

Health Marcom Legal Risks in 2019

By James Hastings on January 10, 2019

The role of health marcom compliance continues to grow in importance in 2019. The American Marketing Association defines Marcom (or Marketing Communications) as follows: Marketing communications, or “marcom,” is an all-encompassing term, as it covers marketing practices and tactics including advertising, branding, graphic design, promotion, publicity, public relations and more. A trend fueling the rising interest in health legal compliance and training? The risk of lawsuits. Health Marketing Lawsuits. Lawsuits involving the offering…

Trademark Opposition Lawyer

Trademark Opposition Checklist

By James Hastings on December 12, 2018

Before filing a trademark opposition, be sure to assess whether you will be likely to prevail. By doing so, you can potentially save thousands of dollars in attorney’s fees and avoid subjecting your brand to unnecessary risks. The determination of whether to file a trademark opposition to contest a third-party’s trademark application is not always simple. Before filing a notice of opposition, the potential Opposer should take into account the following considerations: Causes of Action. …

Trademark Opposition Lawyer

Likelihood of Confusion in the TTAB

By James Hastings on December 10, 2018

In a trademark opposition proceeding, a party alleging a likelihood of confusion pursuant to Section 2(d) of the Trademark Act is required to establish specific elements of proof. If you are a potential opposer, you will have the burden of proving the following evidentiary factors by a preponderance of the evidence: Standing. Standing is a threshold issue that must be determined in every trademark opposition or trademark cancellation before the U.S. Trademark Trial and Appeal…

Healthcare Marketing Law Guide

SHSMD Health Brand Architecture

By James Hastings on October 17, 2018

Joel English, Managing Partner at BVK, presented further insight on health brand architecture at the SHSMD annual conference last week in Seattle. Brand architecture defined. Brand architecture is how all the pieces of a brand and its value promise fits together. Healthcare brands can include many brands components. Joel provided the following example of a fictitious health brand ecosystem: Driver Brands: Anchor University Hospital – part of True Health Strategic Brands: Anchor Medical Group…

Trademark Opposition Lawyer

TTAB Filing Statistics 2018

By James Hastings on October 15, 2018

The Trademark Trial and Appeal Board recently released its TTAB filing statistics for fiscal year 2018. These updated figures include year-to-year changes in the filing of appeals, notices of oppositions, and petitions for cancellations. It also provides useful information on the disposition of cases. Highlights include the following: (percentage in parentheses signifies change over 2017) I. Filings Appeals: 3,223; (+2%) Extensions of time to oppose: 19,208; (+3.9%) Oppositions: 6,496 (+5.5%) Cancellations: 2,253 (+7.2%) II. Contested…

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Trademark application opposed? Consider settlement

Home healthcare trademark infringement

Practical Advice for TTAB Proceedings

Petition to Cancel Trademark Challenges

Health Marketing Mistake of the Week

Health Marcom Legal Risks in 2019

Trademark Opposition Checklist

Likelihood of Confusion in the TTAB

SHSMD Health Brand Architecture

TTAB Filing Statistics 2018

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