Category Archive for "Trademark"

Court blocks trademark for sports shop

Registration of a trademark hinges, in part, on whether there is a likelihood of confusion with an earlier application or registration. In a recent case, a sports specialty shop learned that the trademark it sought for registration was considered likely to be confused with that of a private social club. The players Detroit Athletic Co. (DACo) is a sports specialty shop that sells souvenirs and apparel associated with Detroit professional teams. The Detroit Athletic Club (the Club) is a private men’s social club. DACo sought to register the mark “Detroit Athletic Co.” for its retail services. A U.S. Patent and Trademark Office examiner refused to register the mark, finding it was likely to be confused with the Club’s mark “Detroit Athletic Club,” registered for clothing goods. The Trademark Trial and Appeal Board (TTAB) affirmed the refusal, and DACo appealed to the U.S. Court of Appeals for the Federal Circuit. Official review The TTAB generally turns
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Ideas on Intellectual Property Law – February/March 2019

Patterson Thuente IP is pleased to present the February/March issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Federal Circuit revives soda trademark battle over “ZERO”

When most people hear the word “generic,” it brings to mind a consumer product without a brand name. But its meaning is much more significant in the trademark world, where a term deemed generic isn’t eligible for trademark protection. The U.S. Court of Appeals for the Federal Circuit recently clarified the test for so-called genericness.

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Ideas on Intellectual Property Law – Year End 2018

Patterson Thuente IP is pleased to present the Year End 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Appellate Court Wipes Out Sturgis Trademark

The US Court of Appeals for the 8th Circuit published its opinion today, finding that a federally registered trademark for the mark Sturgis, owned by Sturgis Motorcycle Rally, Inc. (SMRI), is invalid. This is a major victory for Rushmore Photo & Gifts, the Niemann family of Rapid City, SD, and Wal-mart Stores, Inc., the defendants in this seven-year dispute over the Sturgis mark, The Court found that SMRI’s unregistered, common law trademarks “Sturgis Motorcycle Rally” and “Sturgis Rally & Races” are also invalid.

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All tied up

Court splits over trade dress, trademark claims In 2013, the Ninth Circuit Court of Appeals ruled that a trademark holder seeking a preliminary injunction after filing suit against an alleged infringer must establish the likelihood of irreparable harm, rather than relying on a presumption of harm. Not until this year, though, has the court elaborated on the kind of proof required. Its recent ruling sheds light on what does — and doesn’t — demonstrate irreparable harm.

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Ideas on IP Law newsletter

Ideas on Intellectual Property Law – October/November 2018

Patterson Thuente IP is pleased to present the October/November 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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What’s in a Name? The Guide for Pursuing Legally Defensible & High-Value Trademarks

Here’s the essential guide to protecting your brand! Finding the right name for your business or product line is more than a creative pursuit. It has the potential to elevate your reputation and profits. Don’t you want to achieve both?

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Trademark symbol in thought bubble

IP Forum Wrap-up #2: Six Trademark Tips from In-house Experts

How is your company handling foreign trademark searches? Is the Madrid Protocol still useful? Is your company building house brands or a branded house? These are some of the latest issues in trademark law discussed by in-house IP counsel at our IP Forum last week (co-hosted with our friends at Dennemeyer). Here are a few tips they had for companies doing business globally.

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Giving trade dress infringement claim a shot

The hurdle for proving trade dress infringement is high. This is partly because, as the Sixth Circuit Court of Appeals recently explained, a plaintiff must produce evidence of nonfunctionality — a unique challenge since a plaintiff must prove evidence of an absence and product design often serves purposes beyond mere identification of the product’s source. In the case in question, though, the court determined that the plaintiff had succeeded.

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Choosing the wrong name can be expensive. Gain essential knowledge on trademarks and the naming process. Introducing The Guide for Pursuing Legally Defensible & High-Value Trademarks – a collaborate effort with the branding experts Olive & Company. 

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