Trending Trademarks

Supreme Court Grants Preclusive Effect to Trademark Trial and Appeal Board Rulings in Limited Circumstances

Posted by Lawrence Robins on March 24, 2015 at 12:10 PM

Today the Supreme Court announced its decision in B&B Hardware, Inc. v. Hargis Industries, Inc. B&B Hardware (B&B) sells a fastener product in the aerospace industry under the trademark “Sealtight,” which it registered in 1993. Hargis Industries (Hargis) sells self-drilling screws under the mark “Sealtite” in the construction industry. After Hargis applied to register its mark in 1996, B&B opposed the application successfully and also sued Hargis for infringement. In that action B&B argued unsuccessfully that Hargis was precluded from litigating the likelihood of confusion issue due to the prior TTAB ruling. The Eighth Circuit affirmed the District Court’s holding.

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Topics: Infringement, Trademark, Litigation, TTAB Proceedings

Preclusive Effect of TTAB Likelihood of Confusion Rulings Up for Debate Before Supreme Court

Posted by Michael Palmisciano on July 8, 2014 at 1:49 PM

In trademark infringement suits, how much weight, if any, should federal courts give to Trademark Trial and Appeal Board (“TTAB”) decisions on the likelihood of confusion between marks? Today, it depends—the circuits are split. That may soon change, however, as the U.S. Supreme Court last week agreed to take the issue under review.

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Topics: Infringement, Litigation, TTAB Proceedings

USPTO Cancels Washington Redskins’ Trademarks, Says Name Is Disparaging to Native Americans

Posted by Michael Palmisciano on June 18, 2014 at 3:25 PM

In a precedential opinion, the Trademark Trial and Appeal Board (the "TTAB") today ruled that the petitioners in Blackhorse v. Pro-Football, Inc. established by a preponderance of the evidence that the term "redskins" is disparaging to Native Americans and cancelled six registered trademarks owned by the Washington Redskins football team.

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Topics: Sports, Registrations, TTAB Proceedings

TTAB Repels "Asshole" Trademark Registration

Posted by Michael Palmisciano on June 6, 2014 at 11:51 AM

Is the word "asshole" so scandalous and vulgar such that it is unworthy of trademark registration? According to the Trademark Trial and Appeal Board (the "TTAB"), the answer is definitively "yes."

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Topics: Registrations, TTAB Proceedings

Make Way for Johnny Football: Heisman Winner One Step Closer To Registering His Mark

Posted by Natalie Lederman on March 27, 2014 at 1:59 PM

In honor of Johnny Manziel’s pro day, there’s something for the Texas A&M star to celebrate. Just last week, the U.S. Patent and Trademark Office rejected an application made by an entity unaffiliated with Manziel for the mark JOHNNY FOOTBALL, paving the way for Manziel’s application to proceed.

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Topics: Sports, Registrations, TTAB Proceedings

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Trending Trademarks provides comments and analysis on trademark issues affecting the fashion, high-tech, multimedia and consumer products industries.

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