The Trademark Blog

Latest from The Trademark Blog - Page 2

May 28, 2021

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Lady Ada appears at the 1:00 mark. Apparently the raspberry pi can recognize other bakery items.…

The Trademark Blog

Utility Patent means curtains for trade dress claim – Sure Fit v Maytex Mills (SDNY)

By Marty Schwimmer

May 27, 2021

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Sure Fit Home Products v. Maytex Mills, 21 Civ. 2169 (LGS) (SDNY <ay 26, 2021) Plaintiff and defendant make shower curtains. Plaintiff owns utility patents that allow shower curtains to be installed on a rod while the rod is fixed in place. This magic is accomplished by placing holes hear the edge of the curtain, with a horizontal slit between holes. Voila: Plaintiff also obtained a design patent. Its new, original, and ornamental design…

The Trademark Blog

Banksy found to act in bad faith – IPKAT

By Marty Schwimmer

May 27, 2021

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IPKAT: Let not the Cancellation Division see your black and deep desires: (another) Banksy mark cancelled by EUIPO due to bad faith. Let not the Cancellation Division see your black and deep desires: (another) Banksy mark cancelled by EUIPO due to bad faith Excerpt: The anonymous graffiti artist known as Banksy is no stranger to trade mark wrangling, with this week’s cancellation decision by the European Union Intellectual Property Office’s Cancellation Division following hot on…

The Trademark Blog

Amazon’s 2020 Brand Protection Report – What Brand Owners Need to Know

By Marty Schwimmer

May 27, 2021

The Brand Protection Blog: Amazon’s 2020 Brand Protection Report – What Brand Owners Need to Know…

The Trademark Blog

The Role of Consumer Uncertainty in Trademark Law: An Experimental and Theoretical Investigation

By Marty Schwimmer

May 27, 2021

The Role of Consumer Uncertainty in Trademark Law: An Experimental and Theoretical Investigation Barton, Germano, Roy, and Sprigman. From the abstract: Nearly every important issue in trademark litigation turns on the question of what consumers in the marketplace subjectively believe to be true. To address this question, litigants frequently present consumer survey evidence, which can play a decisive role in driving the outcomes of disputes. But trademark survey evidence has proven to be highly controversial,…

The Trademark Blog

BLUE is dominant – BLUE INDUSTRY v INDUSTRY for apparel

By Marty Schwimmer

May 27, 2021

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CAFC: Pure & Simple Concepts v. 1 H W Management (Finchley Group), 2020-1211 (May 24, 2021) BLUE INDUSTRY not confusingly similar to INDUSTRY, both for clothing. “BLUE” was held to be the dominant term, and thus distinguishes INDUSTRY (which was diluted somewhat by third-party use). Patently-O analysis here. TTABlog discussion here. My take is that BLUE INDUSTRY is distinctive in its totality as an “INDUSTRY” is not something that can ordinarily be described…

The Trademark Blog

Fresh New Look, Same Great Taste

By Marty Schwimmer

May 26, 2021

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Welcome to the revamped Trademark Blog. The Trademark Blog started in May, 2002. The world was different then – people guessed URLs by typing trademarks into browser bars. AOL was a valuable brand. Presidents were younger than your grandparents. This fast-paced world of flying cars, teleportation, and jet packs, calls for a new blog design, and email subscriptions, which feature I will activate when I get around to it. Thank you to the hard…

The Trademark Blog

Hanes trademark claim against Keds re CHAMPION mark out of bounds – no extraterritorial effect of Lanham Act (D. Mass)

By Marty Schwimmer

May 25, 2021

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Hanesbrands v Keds, LLC and SR Holdings, 1:20-cv-11354-IT (D Mass May 21, 2021) Hanes, successor to Champion, has been licensing the CHAMPION brand in relation to shoes, from Keds, for decades. Keds has been selling KEDS CHAMPION in the U.S,. and several other jurisdictions. Hanes was free to use in non-U.S. jurisdictions where Keds had not acquired superior rights. The licensing agreement had included a moratorium during which Hanes could not contest Keds’ “historic…

The Trademark Blog

TTAB: Pattern of Wrapped Carbon Fibers on Gun Barrels Functional

By Marty Schwimmer

May 24, 2021

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McGowen Precision Barrels v Proof Research, TTAB can no. 92067618 (precedential). Petitioner seeks cancellation of Respondent’s registration for a configuration trademark: a gun barrel trade dress registration described as: The “mottled” appearance was created by wrapping carbon fiber around a gun barrel, “curing” the fiber, grinding it and polishing it. As carbon fiber is substituted for steel on barrels to decrease weight and provide other functional benefits, and this pattern is the resulting appearance of…

The Trademark Blog

Amazon enjoined for selling counterfeit disposable masks -Kinsely v Ya Ya (CD Cal)

By Marty Schwimmer

May 23, 2021

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Plaintiff alleges ownership of SUNCOO trademark for disposable face masks, which masks it sells on Amazon. Various defendants allegedly sold counterfeit SUNCOO masks. Amazon purchased a shipment of SUNCOO-branded masks that were in fact counterfeit, Amazon sold such masks under plaintiff’s ASIN, inadvertently, and has indicated to plaintiff that it was cooperating with regard to preventing the sale of counterfeit product. However, Amazon “lapsed” and sold the counterfeit product on two additional occasions. Plaintiff…

The Trademark Blog

Superstar client Lady Ada of Adafruit Teaches Robot to Shop For Baked Goods

Utility Patent means curtains for trade dress claim – Sure Fit v Maytex Mills (SDNY)

Banksy found to act in bad faith – IPKAT

Amazon’s 2020 Brand Protection Report – What Brand Owners Need to Know

The Role of Consumer Uncertainty in Trademark Law: An Experimental and Theoretical Investigation

BLUE is dominant – BLUE INDUSTRY v INDUSTRY for apparel

Fresh New Look, Same Great Taste

Hanes trademark claim against Keds re CHAMPION mark out of bounds – no extraterritorial effect of Lanham Act (D. Mass)

TTAB: Pattern of Wrapped Carbon Fibers on Gun Barrels Functional

Amazon enjoined for selling counterfeit disposable masks -Kinsely v Ya Ya (CD Cal)

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