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Archive for the ‘Trademark’ Category

The TTAB’s Dangerous Dismissal of ‘Doubt’

Written By: Charles Colman, Acting Assistant Professor at NYU School of Law

Edited By: Elise Young

On September 30, 2013, the Trademark Trial and Appeal Board[1] issued a troubling decision in In re Bottega Veneta Int’l S.a.r.l. Viewed in a broader context, the decision reflects the Board’s growing reluctance to apply the doctrine of “aesthetic functionality” in ex parte prosecution proceedings to bar the issuance of potentially anticompetitive trade-dress registrations.


Posted On Nov - 12 - 2013 Comments Off READ FULL POST

Flash Digest: News In Brief
By James Grace

Hershey’s Opposes Mars’ Attempt to Register a Snickers’ Cross-Section as a Design Mark

Medtronic v. Boston Scientific – Oral Argument

Proposed Tweak to Law Would Pull Shield From Generic-Drug Makers


Posted On Nov - 10 - 2013 Comments Off READ FULL POST

Britain’s Court of Appeal Rejects Cadbury’s Trademark Application for Color Purple
By Anton Ziajka – Edited by Abhilasha Nautiyal

Société des Produits Nestlé S.A. v. Cadbury UK Ltd.

The Britain Court of Appeals held that Cadbury’s purple color mark did not qualify as a trade mark under the Trade Marks Directive of 2008, since the impugned mark did not constitute “a sign” that is “graphically represented.” To allow registration of the trademark with such vagueness, the Court noted, would offend both “the principle[s] of certainty…[and] of fairness.”


Posted On Oct - 11 - 2013 Comments Off READ FULL POST

Using a Competitor’s Trademark as a Keyword for AdWords is Not Trademark Infringement

1-800 Contacts, Inc. v. Lens.com, Inc.
By Casey Holzapfel – Edited by Michelle Sohn

The Tenth Circuit held that using a competitor’s trademark as a keyword to activate sponsored links in Google is not trademark infringement, affirming the lower court’s summary judgment that Lens.com was not liable for misdirecting customers to click on links to Lens.com after searching for the phrase “1-800 Contacts.”


Posted On Jul - 30 - 2013 Comments Off READ FULL POST

Entrepreneur “Owns” Oprah as Second Circuit Reinstates Trademark Suit

 Kelly-Brown v. Winfrey
By Alex Shank – Edited by Samantha Rothberg

The U.S. Court of Appeals for the Second Circuit vacated the District Court for the Southern District of New York’s (S.D.N.Y.) dismissal of trademark infringement claims against Oprah Winfrey, rejecting her fair use defense. Kelly-Brown alleged that Winfrey had used her trademarked phrase “Own Your Power” “as a mark” on the cover of O, The Oprah Magazine, its website, and at a magazine event.


Posted On Jun - 18 - 2013 Comments Off READ FULL POST
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