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By John L. Welch
The Board granted Opposer Kastle's motion for summary judgment, dismissing Applicant Lee's counterclaim alleging fraud in the procurement of one of Kastle's pleaded registrations.
By John L. Welch
In a rare Section 43(c) dilution decision, the Board sustained Chanel's opposition to registration of the mark shown below left, for accounting services...
By John L. Welch
In the first precedential decision of the new year, the Board reversed the USPTO's refusal to register the mark shown below, for various mailing services...
By Philip J. Hamzik PhD
The PTAB's decision illustrates that while skepticism by some may be helpful to patent owners, skepticism by the right people may be critical.
By John L. Welch
This proceeding began with an opposition filed on October 14, 2014.
By Jillian Parker
IPRs are often filed to challenge important patents – the same patents likely to be tested in litigation. In such circumstances, parties should pay careful attention when asserting arguments...
By John L. Welch
Here's a 2017 ruling that slipped under the TTABLog radar. In this precedential order, the Board denied an FRCP 12(c) motion for judgment on the pleadings, directed at applicant's counterclaims...
By John L. Welch
The USPTO refused registration of the mark shown below left, finding it likely to cause confusion with the mark shown below right, both for cigars. On appeal, applicant argued that the customers for its "high-end" cigars are sophisticated and selective, and furthermore that four third-party registrations for marks containing the letter "P" demonstrate that the cited mark is weak.
By Wei (William) Zhang
Expert testimony is a feature of most IPRs, and effective expert testimony can make or break a party's position.
By John L. Welch
The TTAB issued three dozen (36) precedential opinions in calendar 2017. Among the more interesting ones, the Board considered the registrability of the color yellow for a cereal box...
By John L. Welch
Last week, the Federal Circuit issued its opinion on remand in Amgen Inc. v. Sandoz Inc., holding that the Biologics Price Competition and Innovation Act of 2009 (BPCIA)...
By John L. Welch
This is the second of two posts; the first five selections were posted here. Additional commentary on each case may be found at the linked TTABlog postings.
By John L. Welch
The TTABlogger has once again chosen the ten TTAB decisions that he considers to be the most important and/or interesting from the previous calendar year (i.e., 2017).
By John L. Welch
The Board dismissed this opposition to registration of the mark DONQ for a variety of food and non-alcoholic beverages in Classes 29, 30 and 32, and for food and beverage services...
By John L. Welch
The Trademark Trial and Appeal Board (TTAB) has scheduled five (5) oral hearings for the month of January 2018.