About the Author

Scott Slavick

Scott Slavick

Scott Slavick is a shareholder at Brinks Gilson & Lione, where his practice focuses primarily on trademark prosecution and trademark litigation. Scott maintains all aspects of his large corporate clients’ trademark portfolios, and has extensive experience in international trademark matters, including litigation, licensing and prosecution, determining international filing strategies, negotiating worldwide co-existence agreements and implementing strategies to defend trademarks and prevent infringements.

Article List

  • One more drink’s one too many for TTAB

    While stating this copyright rule is easy, applying it involves trying to draw lines between various types of products—lines often blurry not only to seasoned practitioners but to courts.

  • Don’t park this truck! Dino-dress ruled distinctive

    The TTAB reversed a USPTO’s examiner’s earlier ruling and approved Frankish Enterprises’ application to register the design of its monster truck—a cab decked out with horns, scales, eyes and other dinosaur-like features—for entertainment services.

  • Stretched to its limit, Panini strikes out at TTAB

    In The Topps Co., Inc. v. Panini Amer., Inc., the TTAB sustained an opposition filed by Topps against sports trading card manufacturer Panini’s application to register the word limited for use in connection with its own cards.

  • Halting a Mother’s progress

    Respondent Mother’s bore the burden of proof for asserting laches as a defense; petitioner Ava Ruha needed to plausibly defend its own delay to a court that had agreed that laches did apply.

  • Laches? We don’t need no shrinking laches! (Part 1)

    Laches can be complicated in trademark law, and many practitioners are confused as to the scope of relief it affords. In Ava Ruha, the ruling relied on examining a petitioner’s claims about the date from which the clock starts ticking.

  • Miss thee, Kate! A TTAB victory for the royals

    It’s no surprise that some businesses want to cash in on the royals' fame. But in seeking to trademark a royal’s name, said the Trademark Trial and Appeal Board recently, “We are not amused.”

  • Walk the Line? No, keep a Safe Distance

    This holding in the Western District of Kentucky could prove truly significant, since it clarifies that alleged violations of voluntary settlement agreements do not give courts a reason to use the safe distance rule.

  • That’s a fact, tack you very much

    According to the Supreme Court, applying a test that relies upon an ordinary consumer’s understanding of the impression that a mark conveys falls comfortably within the ken of a jury.

  • Caution flag's up, Racegirl!

    As we often discuss, the factors in play in these cases do not offer a rigid scorecard. A registrant or applicant can win on six of them, but lose the seventh and see that seventh one carry the day.

  • Pole dancer takes on black belt at TTAB

    The case clarifies that what a trademark owner applies to register the mark with and what that owner ultimately uses the mark for — even if they are inconsistent —is not grounds for a fraud claim.

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