LAIPLA Seeking Applicants for 2024 Diversity Fellowship
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by Staff
3w ago
The Los Angeles Intellectual Property Law Association (“LAIPLA”) is proud to announce that it is seeking applicants for the 2024 Diversity Fellowship. This year, LAIPLA is proud to announce that Lewis Roca Rothgerber Christie LLP and Morrison & Foerster LLP will graciously sponsor the Diversity Fellowship Program. Tubi, the video on-demand company owned by Fox Corporation, and American Honda Motor Co., Inc., will each be a host for the Diversity Fellowship. Lewis Roca Rothgerber Christie LLP will sponsor the Fellow for Tubi and Morrison & Foerster LLP will sponsor the Fellow for Ameri ..read more
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District Court Refuses to Enforce Subpoena for TTAB Case: Must Be Issued by the Court, Contrary to TBMP
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by John L. Welch
1M ago
Cancellation Petitioner Waterdrop Microdrink GmbH relied on the Trademark Board Manual of Procedure when its attorney signed and served a subpoena on third-party Ecolife Technologies, Inc. in order to take the latter’s deposition under FRCP 30(b)(6). Respondent’s counsel refused to accept service, and also stated that the subpoena was improperly issued. When Waterdrop moved to compel compliance, the U.S. District Court for the Central District of California sided with Ecolife. Waterdrop Microdrink GmbH v. Qingdao Ecopure Filter Co., Cancellation No. 92079118. Ecolife contended that, under 35 ..read more
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TTAB Dismisses Opposition: Applicant Proved Priority Through Assignment of Common Law Mark After Proceeding Commenced
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by John L. Welch
1M ago
Game Plan, Inc. opposed six applications to register the marks I AM MORE THAN AN ATHLETE and MORE THAN AN ATHLETE for clothing and entertainment services, claiming likely confusion with its registered mark I AM MORE THAN AN ATHELETE & Design (shown below) for “Charitable fundraising services by means of selling t-shirts to raise funds for educational and entertainment programs” and with its common law mark MORE THAN AN ATHLETE for t-shirts. Applicant UNIP (apparently owned in part by LeBron James) counterclaimed for cancellation of that registration on the ground of likelihood of con ..read more
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Precedential No. 31: De Minimis Sales of Amplifiers Over Six-Year Period Leads to Cancellation of “CS” Registration for Abandonment
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by John L. Welch
4M ago
The Board granted a petition for cancellation of a registration for the mark CS for “amplifiers,” finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Peavey’s de minimis domestic sales of amplifiers under the CS mark between 2016 and 2021 were “insufficient to constitute bona fide use of that mark in the ordinary course of trade,” and there was no evidence “showing any intention to resume use of the mark, much less evidence excusing Respo ..read more
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Rejecting Urban Dictionary Definition, TTAB Affirms 2(e)(4) Surname Refusal of LAFOND for Jellies and Jams
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by John L. Welch
5M ago
Affirming a Section 2(e)(4) refusal, the Board found the proposed mark LAFOND for ‘Fruit conserves; Fruit preserves; Fruit spreads; Jellies, jams; Nut butters” and for “Tea; Fruit sauces” to be primarily merely a surname. The Board agreed with Examining Attorney Claudia A. Kopenski that LAFOND is not an uncommon surname, that it has no other recognized meaning, and that the term has the look and sound of a surname. In re St. Dalfour International Incorporated, Serial No. 90527587 (September 21, 2013) [Opinion by Judge Thomas L. Casagrande]. The LexisNexis database of phone numbers included 80 ..read more
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TTAB Rules That PARKING.COM Is Generic and Ineligible for Both the Principal and the Supplemental Register
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by John L. Welch
7M ago
In a whopping 82-page opinion, the Board affirmed the USPTO’s refusal to register PARKING.COM, on either the Principal Register or the Supplemental Register, as a service mark for “website providing information regarding parking availability.” The Board first found the term to be generic for the services, and then, in the alternative, found it to be merely descriptive and lacking in secondary meaning. In re SP Plus Corporation, Serial No. 87906630 (August 11, 2023) [not precedential] (Opinion by Judge Elizabeth A. Dunn).   Genericness:The first 79 pages of the opinion deal with the ..read more
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Precedential No. 20: Deeming Duracell’s In-Store Sound Mark a Display Associated With the Goods, TTAB Reverses Specimen Refusal
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by John L. Welch
7M ago
The Board overturned a refusal to register Duracell’s sound mark consisting of three musical notes for batteries, rejecting the Office’s position that the specimens of use (.mp3 files, example here) constituted mere advertising material. Instead, the Board ruled that transmission of the sound mark in retail locations where the goods are sold is “equivalent to” a display associated with the goods. In re Duracell U.S. Operations, Inc., 2023 USPQ2d 861 (TTAB 2023) [precedential] (Opinion by Judge Michael B. Adlin).   Section 45 of the Lanham Act provides that, for goods, a mark is in use in ..read more
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TTAB Finds Supplements Related to CBD Cosmetics, But Not to Candles or Vape Pens
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by John L. Welch
7M ago
The Board rendered a split decision in this appeal from a Section 2(d) refusal of the mark LOVA for “Non-medicated facial serum; body oil; non-medicated body balm; hemp-infused cosmetic and bath products, namely, bath bombs; any hemp and CBD in the goods being solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis” in Class 3, and for hemp-infused candles (Class 4) and vape pens (Class 34). The USPTO found confusion likely with the registered mark LOVA NATURALS for “dietary supplements; nutritional supplements” in Cl ..read more
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In a Split Decision, TTAB Finds SIREN’S BLEND for Coffee Confusable With the Starbucks Logo, But Not Confusable for Clothing
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by John L. Welch
10M ago
In an exhaustive and exhausting 69-page decision, the Board sustained-in-part and dismissed-in-part Starbucks’ opposition to registration of the mark SIREN’S BREW (“BREW” disclaimed), finding confusion likely with the Starbucks design logo with regard to applicant’s “coffee beans,” but not as to applicant’s “shirts; sweat shirts.” Starbucks’ dilution claim failed because Starbucks did not prove its logo to be famous for dilution purposes. This blog post will attempt to hit the highlights. Starbucks Corporation v. Mountains and Mermaids, LLC, Oppositions Nos. 91250027 and 912501 ..read more
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TTAB Reverses Two Refusals of BEAUTY POPS for Cosmetic Kits: Likelihood of Confusion and Mere Descriptiveness
LAIPLA Blog | Los Angeles Intellectual Property Law Association
by John L. Welch
11M ago
In an extremely rare ex parte double reversal, the Board tossed out two refusals to register the mark BEAUTY POPS for a “cosmetic kit for applying superfoods that function as a facial mask for nourishing and revitalizing the skin, the kit comprising face mask powder, tray, spatula and spoon, the foregoing used, when the powder is mixed with water and frozen, to create an applicator that has the appearance of a lollipop.” The Board found the mark not likely to cause confusion with the registered mark POPBEAUTY for “cosmetics and non-medicated skin care preparations” un ..read more
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