Trademark Priority and Evidence Rules Decide Dispute Over “More Than An Athlete” Mark

GAME PLAN, INC. v. UNINTERRUPTED IP, LLC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of trademark priority and strict adherence to evidentiary rules in proceedings before the Trademark Trial and Appeal Board…

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Sunkist Prevails in Trademark Dispute Over “KIST” Soda Branding

Sunkist Growers, Inc. v. Intrastate Distribs., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the U.S. Court of Appeals for the Federal Circuit reversed a ruling by the Trademark Trial and Appeal Board (TTAB) and sided with Sunkist…

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Federal Circuit Affirms Refusal to Register “US SPACE FORCE” Trademark Due to False Suggestion of Connection with U.S. Government

In re Foster Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the refusal to register the trademark “US SPACE FORCE” for private use, finding that it would falsely suggest a connection with the United States…

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Color Alone Isn’t Enough: Federal Circuit Affirms Dark Green Medical Glove Color Is Generic, Not a Trademark

In re PT Medisafe Techs Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit Court affirmed that PT Medisafe Technologies could not register the dark green color (Pantone 3285c) used on its chloroprene medical examination gloves as…

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When Is a Trademark Too Descriptive? Federal Circuit Affirms “iVoterGuide” Is Not Protectable

Heritage All. v. Am. Pol’y Roundtable Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit offers important lessons for anyone hoping to protect a descriptive brand name as a trademark. In Heritage Alliance v. American Policy Roundtable,…

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When Similar-Looking Trademarks Aren’t Confusing: A Recent Lesson from the Appeals Court

Tribe of Two, LLC v. Vidal Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights how two trademarks can look somewhat alike but still be considered legally distinct, avoiding confusion in the marketplace. The case involved…

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Cognac vs. Cologne: When Spirits and Hip-Hop Collide in Trademark Law

Bureau Nat’l Interprofessionnel DU Cognac v. Cologne Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a unique trademark dispute between the French organizations responsible for protecting the COGNAC certification mark and a hip-hop record label…

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Minority Owner of Winery Lacks Standing to Cancel Confusing Trademarks

Luca McDermott Catena Gift Trust v. Fructuoso-Hobbs SL Authored by: Jeremy J. Gustrowsky A recent decision from the United States Court of Appeals for the Federal Circuit highlights the limits on who can challenge registered trademarks at the U.S. Patent…

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Trademark Board’s Extension and Evidence Decisions Upheld in Hair Product Mark Dispute

Araujo v. Framboise Holdings Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights how the Trademark Trial and Appeal Board (TTAB) handles requests for more time and the kind of evidence needed to prove who…

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Trademark Board Must Reconsider Baby Product Confusion Case After Evidence Overlooked

Naterra Int’l, Inc. v. Bensalem Authored by: Jeremy J. Gustrowsky A recent decision highlights how important it is for the Trademark Trial and Appeal Board (TTAB) to fully consider all relevant evidence when deciding if two trademarks are likely to…

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