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Category: Intellectual Property Law
Patent Arcade - January 05, 2009
Merry Christmas, you've been sued. It's not uncommon for plaintiffs to file lawsuits around the holidays in order to "turn the screws" on defendants, and that appears to be the case here. Worlds.com sued NCSoft (maker of City of Heroes, City of Villains, Tabula Rasa) on December 24, 2008, in
The TTABlog - January 05, 2009
The Trademark Trial and Appeal Board has scheduled nine (9) hearings for the month of January, as listed below. These hearings will be held in the East Wing of the Madison Building. [The hearing schedule and other details regarding attendance may be found at the
Promote the Progress - January 04, 2009
Welcome to 2009!
For the first post of the New Year, I thought I’d break tradition a bit. Instead of looking forward and listing all the things I’m hoping for in 2009, I’ve decided to look backward and commemorate an anniversary.
Three years ago t
The TTABlog - January 01, 2009
E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger.
Promote the Progress - December 31, 2008
One paragraph opinions from the Court of Appeals for the Federal Circuit are, generally speaking, not all that interesting. The court’s opinion in Classen Immunotherapies v. Biogen IDEC, decided the week before Christmas, breaks this general rule, though. The one paragraph opinion
The TTABlog - December 31, 2008
Is the stylization of the word GRUNGE in the mark shown below sufficiently distinctive in character to support a Principal Registration for various clothing items [GRUNGE disclaimed]? The Board recognized that this determination is a subjective one, so what do you think?
The TTABlog - December 30, 2008
Under Rule 2.127(a), a brief on a motion may not exceed 25 pages in length, including table of contents, index of cases, description of record, statement of the issues, recitation of the facts, argument, and summary. The parties to this cancellation proceeding violated that rule in their respective ...
The TTABlog - December 29, 2008
If your energy is waning and you need your battery re-charged, this is not the case for you. In an enervating rather than energizing decision, the Board affirmed a Section 2(e)(1) refusal to register the mark DEC, finding it to be merely descriptive of "batteries deriving power from nuclear d
Promote the Progress - December 26, 2008
Claim construction is one of those issues that really makes prosecutors nervous. It’s a difficult area of law replete with inconsistencies that keep us guessing as to the current “best practice” for crafting patent applications.
Here’s one to add to the list. This w
Promote the Progress - December 26, 2008
Enantiomers and antibodies are entirely different types of chemical compounds: enantiomers are pairs of spatial isomers that share the same chemical formula but have different three-dimensional spatial orientations; antibodies are immunoglobulin molecules with a defined antigen specificity.
Promote the Progress - December 26, 2008
I wrote a new ‘About’ page for the site last night. I took it as an opportunity to share a little bit of history…in hopes of giving insight as to where the site is headed. Check it out here.
The TTABlog - December 26, 2008
Pursuant to Article 7 of the Pan American Convention, the Board granted Opposer's motion for summary judgment in its opposition to registration of the mark CUBITA in the design form shown immediately below, for "coffee." The Board ruled that Opposer, a Cuban company, had standing to bring the
The TTABlog - December 26, 2008
In a nonprecedential interlocutory decision recently reported in the USPQ, the Board denied Petitioner's motion to re-open discovery (which was filed on the last day of its testimony period) but re-set testimony dates to allow Petitioner time to submit its case in chief. The Board ruled that ...
The TTABlog - December 26, 2008
The Board affirmed a refusal to register the mark DESIGN EXPRESSIONS for "referral to building contractors needing building materials or sources of supply of building materials," on the ground that Applicant's specimen "fails to demonstrate use" of the mark for the identified services.
The TTABlog - December 26, 2008
Applying the four-element test of Buffett v. Chi-Chi's, Inc., 226 USPQ 428 (TTAB 1985), the Board affirmed a Section 2(a) refusal to register the mark MOJAVE for cigarettes, tobacco, and related paraphernalia, finding that the mark falsely suggests a connection with the
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