On January 17, 2024, the Supreme People’s Court of China (“SPC”) published its decision upholding a ruling in favor of Sennics Chemical Technology Co., Ltd. (“Sennics”), granting them an award of RMB 201.54 million (around USD 27.86m) in a case against Chen Yonggang (“Chen”) and Yuncheng Jinteng Chemical Technology Co., Ltd. (“Jinteng”). This is currently the largest trade secret theft award to have been made in Mainland China. Sennics, a leading producer of RT Pace and 4020 antioxidants developed the “Nitrobenzene Synthesis of RT Base Technology” ( the “RT Base Technology”) and the “Utilizati ..read more

In a decision earlier this year, the Trademark Trial and Appeal Board (“Board”) dismissed as moot a cancellation proceeding filed by Men’s Wearhouse, LLC against WKND NYC LLC for the mark (hereinafter, “MW MRWKND”) because Men’s Wearhouse filed the cancellation proceeding after MW MRWKND was already cancelled by operation of law for lack of a Section 8 declaration. Men’s Wearhouse, LLC v. WKND NYC LLC, 2024 TTAB LEXIS 9 (TTAB Jan. 16, 2024). The registration for MW MRWKND issued on March 14, 2017. A Section 8 declaration is due “[w]ithin the 1-year period immediately preceding the expiration ..read more

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark . . . as a source-identifier” of GO & Associates, LLC’s (“GO”) goods and services. In re GO & Assocs., LLC, No. 2022-1961, 2023 U.S. App. LEXIS 30060 (Fed. Cir. Nov. 13, 2023). The Federal Circuit explained that allowing GO to trademark EVERYBODY VS RACISM would undermine trademark law “to the detriment of the public who would be no long ..read more

In a presidential decision, the Trademark Trial and Appeal Board (“TTAB”) held that Black Card, LLC can register FOLLOW THE LEADER because the phrase operates as a source identifier and not as an unregistrable common phrase. Black Card applied to register FOLLOW THE LEADER in connection with the promotion of  a number of services, including credit and debit card services, providing award incentives for credit card use, travel and tourism services, beauty salon booking services, and personal concierge services. The Examining Attorney (“Examiner”) refused registration  under Trademark ..read more

The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s (“PIM”) trademark for “the shape of a wedge for candy, with an upper green section with white speckles, followed by a narrow middle white section and followed by a lower red section with white speckles” because “the whole trade dress of the red-white-and-green wedge [is] functional when applied to a watermelon candy.” PIM Brands, Inc. v. Haribo of Am. Inc., No. 22-2821, 2023 U.S. App. LEXIS 23745 (3d Cir. Sep. 7, 2023). PIM’s watermelon-colored wedge trademark looks like this: PIM used the trademark in connection with ..read more

Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services. Home Chef began using its HC Home Mark and Home Chef Home Logo (collectively, the “HC Marks”) in 2014 in connection with meal preparation kits. Grubhub, a popular food-ordering and delivery service, merged with Netherlands-based Just Eat Takeaway.com (“JET”) in 2021 and incorporated the JET House Mark with the GRUBHUB name: Home Chef sent a cease and desist letter to Grubhub, demanding that it immediately cease use of the JET House Mark as it is c ..read more

In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. In re Joseph A. Stallard, Serial No. 97115036 (August 28, 2023).  In doing so the Board held that video game characters are not per se registrable without a showing that they function as marks. Joseph A. Stallard dba Osgoode Media (“Applicant”) sought registration on the Principal Register of a design mark “of a woman video game character named Maria, with a tilted head ..read more

In a recent precedential opinion in Monster Energy Company v. Coulter Ventures, LLC, Oppositions Nos. 91233515 (parent), 91233516, 91233517, 91242202, and 91252191 (August 7, 2023), the Trademark Trial and Appeal Board (“TTAB”) shed light on the procedural intricacies of expert reports. The decision focused on sur-rebuttals, sur-sur-rebuttals, and the Board’s authority to manage docket control. Monster Energy has opposed several applications by Coulter Ventures—a fitness equipment company—for several MONSTER-formative marks. In the consolidated opposition proceedings, two motions took center s ..read more

In a precedential decision, the Trademark Trial and Appeal Board (“Board”) reversed the decision of the Examining Attorney, concluding that BOYS WORLD for “audio recordings featuring music,” in International Class 9 functioned as a trademark. ZeroSix, LLC, 2023 U.S.P.Q.2D 705 (TTAB May 1, 2023). “Boys World” is the name of a musical “girl group” that “is sometimes referred to as ‘the Gen Z Spice Girls.'” The Examining Attorney refused registration for failure to function as a trademark because BOYS WORLD is “merely the name of a performing group and would not necessarily be seen as a source id ..read more

In a decision earlier this year, the Trademark Trial and Appeal Board (“Board”) dismissed as moot a cancellation proceeding filed by Men’s Wearhouse, LLC against WKND NYC LLC for the mark (hereinafter, “MW MRWKND”) because Men’s Wearhouse filed the cancellation proceeding after MW MRWKND was already cancelled by operation of law for lack of a Section 8 declaration. Men’s Wearhouse, LLC v. WKND NYC LLC, 2024 TTAB LEXIS 9 (TTAB Jan. 16, 2024). The registration for MW MRWKND issued on March 14, 2017. A Section 8 declaration is due “[w]ithin the 1-year period immediately preceding the expiration ..read more