Fraud on the PTO will bar claims for trademark infringement. In a 2016 decision between Amusement Art v Life is Beautiful LCC, a Federal District Court in California affirmed the principle that Fraud on the PTO will bar claims for trademark infringement: Between 2011 and 2012, Amusement Art filed eight ITUs for “Life is Beautiful” covering […]
Read MoreLegal writing is very different than novel writing. In legal writing, the goal is to clearly and persuasively communicate points of fact and law in as few words as possible. Judges and clerks are busy, so they don’t have all day to figure out what are your arguments. @BryanAGarner is an appellate lawyer that writes a […]
Read MoreA generic trademark is never entitled to trademark protection if it the generic name of goods or services on or in connection with which it has been used. A generic term can never become a trademark. “[N]o matter how much money and effort the user of a generic term has poured into promoting the sale […]
Read MoreNominative fair use is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own. Nominative use may be considered to be either […]
Read MoreiCloud.com is a cloud hosting service for Apple iPhone and Mac customers. You may sign in to iCloud to access your photos, videos, documents, notes, contacts, and more. Use your Apple ID or create a new account to start using Apple services. iCloud Trademark Applications Xcerion AB first applied to register ICLOUD on Aug. 14, […]
Read MoreThe WIPO panel found that Hakoba Lifestyle Limited tried to hijack the domain hakoba.com from Mukesh Shah in a UDRP complaint, WIPO Case No. D2017-0675. The respondent won even though it offered to license hakoba.com for USD 500,000 because: The panel noted that although Mukesh Shah emailed the Complainant on June 26, 2013, offering a “counter-proposal” […]
Read MoreMultiple persons applied to register the word COVFEFE as a trademark in the USA on May 31, 2017. It is rare that there are so many applications for the same trademark filed all on the same day. Some of the 9 applications filed on May 31st even cover the same or similar set of goods: […]
Read MoreStatistically, the UDRP panelists are predisposed to find for complainants. Some panelists find for the complainant in 87% of the cases. Many of these panelists have decided hundreds of cases. Trademark owners filed an all-time record 3,036 cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) with WIPO in 2016, an increase of 10% over the […]
Read MoreWhat is a pseudo mark? A pseudo mark is a plain English spelling of a phonetic trademark that comprises a misspelled word, a number, or telescopic trademark. A pseudo mark works like search tag and it is added to the USPTO database to make some trademarks more searchable. A pseudo mark may also discourage infringing trademark […]
Read MoreIn a 2015 case about nanosonics.com under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organisation (WIPO), a panel has denied a domain name transfer on the basis that there was no UDRP bad faith use, even though the respondent had held the domain name without using it for almost […]
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