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Expungement for Namely Identifying the Wrong Component

Posted by James Juo | Jul 09, 2024 | 0 Comments

In an expungement proceeding, the USPTO may cancel a trademark registration, in whole or in part, if the evidence of record shows that the registered mark has never been used in commerce on or in connection with some or all of the goods and/or services recited in the registration. Trademark Act S...

Trademark Infringement Based Entirely on Actual Confusion

Posted by James Juo | Jun 24, 2024 | 0 Comments

In Appliance Liquidation Outlet LLC v. Axis Supply Corp., No. 23-50413, — F.4th — (5th Cir. June 21, 2024), the Fifth Circuit affirmed that competitor's use of “Appliance Liquidation” infringed Plaintiff ALO's common law trademark for “Appliance Liquidation Outlet” in San Antonio. Although “Appli...

Trump the Name Clause Under Section 2(c) 

Posted by James Juo | Jun 14, 2024 | 0 Comments

Section 2(c), 15 U.S.C. § 1052(c), bars the registration of a mark that “[c]onsists of or comprises a name . . . identifying a particular living individual except by his written consent.”  Steve Elster filed a trademark application to register TRUMP TOO SMALL for “shirts,” which the USPTO refuse...

Meme Infringement

Posted by James Juo | Jun 13, 2024 | 0 Comments

A meme is an amusing or interesting item (such as a picture or video, often captioned) that is spread widely online especially through social media. See Merriam-Webster Online Dictionary (accessed May 19, 2024). One well-known meme is “Success Kid” which is a photo that Laney Griner took of her...

Famous Without Survey

Posted by James Juo | Jun 05, 2024 | 0 Comments

A survey offered in litigation before the Board is not a freestanding piece of evidence, but instead is offered as the basis for expert opinion testimony.

Design Patent Obviousness Guidance

Posted by James Juo | Jun 04, 2024 | 0 Comments

In LKQ Corp. v. GM Global Tech. Operations LLC, No. 21-2348, (Fed. Cir. May 21, 2024) (en banc), the Federal Circuit replaced the Rosen-Durling test with a more flexible test. The USPTO has since issued a memorandum to provide guidance to examiners for design patent applications. The memo states...

Owning Social-Media Accounts

Posted by James Juo | Jan 22, 2024 | 0 Comments

Does a business or organization-related social media account belong to the business entity or to the individual who created it? The Second Circuit has held that this novel legal question should be answered based on whether the person who created the social media account used her personal informat...

Staying All But One in Colorado

Posted by James Juo | Jan 19, 2024 | 0 Comments

GS Holistic manufactures and distributes a glass gravity infuser under the brand name Stündenglass, the other is a line of portable hand-held vaporizers under the G Pen brand. In July and August of 2023, GS Holistic filed more than 50 nearly identical small-dollar trademark infringement cases aga...

Protect Business By Registering Trademark

Posted by Thomas P. Howard | Jan 19, 2024 | 0 Comments

A trademark can be a phrase, word, design, symbol, or combination of all of these, that allows people to identify your services or goods. Trademarks are how customers can recognize you and distinguish you as separate from competitors, in addition to providing you with legal protection for your br...

Legal Documents Derived from Other Legal Documents

Posted by James Juo | Jan 17, 2024 | 0 Comments

When creating a new derivative work based on another work, there must be “sufficient nontrivial expressive variation” in the new work in question, so as “to make it distinguishable from [an] underlying work in some meaningful way.” Schrock v. Learning Curve Int'l, Inc., 586 F.3d 513, 521 (7th Cir...

Only One Single Biomolecule in the Preamble

Posted by James Juo | Jan 16, 2024 | 0 Comments

The preamble of a patent claim typically is not given much weight, but that is not always the case. In Pacific BioSciences of California, Inc.  v. Personal Genomics Taiwan, Inc., No. 22-1410, — F.4th — (Fed. Cir. Jan. 9, 2023), the preamble for the claims in U.S. Patent No. 7767441 included the p...

One S, Two S, Read How BOSCOIN Blew Away BOSSCOIN

Posted by James Juo | Jan 12, 2024 | 0 Comments

Where the identified goods or services are legally identical in part, “the degree of similarity necessary to support a conclusion of likely confusion declines.” Century 21 Real Estate Corp. v. Century Life of Am., 970 F.2d 874, 23 USPQ2d 1698, 1700 (Fed. Cir. 1992); see also In re Aquamar, Inc., ...

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