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When (Not) to Use the Doctrine of Foreign Equivalents and the Registration Symbol

When (Not) to Use the Doctrine of Foreign Equivalents and the Registration Symbol

By • on June 9, 2009

In Brown Shoe Co., Inc. v. Robbins, Opposition No. 91176273, (TTAB May 13, 2009), Opposer Brown Shoe, owner of two PALOMA registrations for clothing and shoes, successfully blocked Applicant Robbins’ registration of PALOMITA for clothing on likelihood of confusion grounds. The Trademark Trial and Appeal Board (“Board”) then dismissed Opposer’s

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Plaintiff in Counterfeiting Case Cannot Receive Both Statutory Damages and Attorney’s Fees

Plaintiff in Counterfeiting Case Cannot Receive Both Statutory Damages and Attorney’s Fees

By • on June 4, 2009

In K & N Engineering, Inc. v. Bulat, 510 F.3d 1079 (9th Cir. Dec. 18, 2007), a case involving alleged counterfeiting, the Ninth Circuit Court of Appeals reversed the district court’s grant of both statutory damages and attorney’s fees. Plaintiff-Appellee K&N Engineering, Inc. (K&N) manufactures

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American Airlines Sues Yahoo! for Trademark Infringement Based on Sale of Keyword Advertising

American Airlines Sues Yahoo! for Trademark Infringement Based on Sale of Keyword Advertising

By • on June 4, 2009

Three months after settling a similar keyword advertising case against Google, American Airlines has sued Yahoo! in the U.S. District Court for the Northern District of Texas (American Airlines, Inc. v. Yahoo! Inc., No. 4:2008-CV-626 (Oct. 17, 2008)). Plaintiff American Airlines, the world’s largest

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Use of House Mark Insufficient to Avoid Confusion

Use of House Mark Insufficient to Avoid Confusion

By • on June 4, 2009

Comparison of SPLENDA packaging (McNeil) and store-brand packaging (Heartland) In McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC, No. 07-2644, 2007 WL 4478981 (3d Cir. Dec. 24, 2007), a case involving alleged trade

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Selection of Associated Goods/Services Descriptions for U.S. Trademark Applications

Selection of Associated Goods/Services Descriptions for U.S. Trademark Applications

By • on June 2, 2009

Many applicants for U.S. trademark registrations, especially foreign applicants, prepare listings of associated products (“goods”) and/or services under a given trademark that are either not acceptable under U.S. trademark laws or are undesirable for several reasons. Even when such listings are acceptable

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The Formicary

The Formicary

By • on May 22, 2009

Frankly, I had to look up “formicary.” Perhaps you will too. But before you do, check out our Blogroll and then see if you can figure it out. Hint: 蟻の巣 AKPC_IDS += "12,";

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