Tag Archives: Trademark

How to Prove Use Analogous to Trademark Use

A recent trademark opposition decision by the U.S. Trademark Trial and Appeal Board is an example in how an Opposer should properly establish use analogous to trademark use. In Dexas International, Ltd v. Ideavillage Products Corp., the Opposer filed an Opposition … Continue reading

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The Ninth Circuit don’t care: successful Rogers defense reversed because plaintiff’s trademark is “artistic”

Gordon v. Drape Creative, Inc., No. 16-56715 (9th Cir. Jul. 30, 2018)The Ninth Circuit routinely invents some new epicycle for trademark defenses; here it unfortunately mushes together Rogers and transformativeness (absent the word itself, replaced with “artistic”).  There are a … Continue reading

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How A Trademark Lawyer Sees The Chelsea-Arsenal Pre-Game Show

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Poke Restaurant’s Trademark Enforcement Sparks Protests

Trademark enforcement, particularly in an age of social media and internet shaming, is tricky business.  Some brands (I’m looking at you Louis Vuitton) seem to have enough market share to ignore social backlash arising from its heavy-handed demand letters.  But … Continue reading

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Battle Over Trademark in NOLA

The trademark ST. ROCH MARKET is at the heart of a dispute in New Orleans (aka NOLA).  The City of New Orleans is battling in court with the current lessee of the building associated with the trademark. ROCH MARKET has … Continue reading

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