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

  • 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.

  • Biltmore's mark gets lost in traduzione (translation)

    Biltmore's application was rejected — with the TTAB ruling that the mark was likely to cause confusion with the mark Secolo, already used as a brand name for wine by California vintner Sebastiani. In Italian, secolo means century.

  • Hard Case to crack? Not this time

    TTAB dismisses opposition to Hard Candy mark by HardCandy Cases, which may come as a shock to future opposers.

  • No fairy tale ending for Disney in Zombie Cinderella case

    Evidence of third-party Cinderella dolls long having been marketed domestically, as well as the long history of the fairy tale, convinced the Board that Disney’s mark was too weak to block United Trademark’s.

  • A rose by any other name? Not McSweet.

    Once the Board summarily concluded that McDonald’s had standing and priority, it turned to the main question: whether McDonald’s could prove McSweet’s use of the name McSweet was likely to cause confusion.

  • Beauty may be skin-deep, but not this mark!

    In a ruling that's certain to—ahem!—get under Skincode's skin, the USPTO's Trademark Trial and Appeal Board recently dismissed the Swiss firm's opposition to registration of the mark SWISSCODE by Sweden's Skin Concept.

  • The phantom lives!

    The question the TTAB determined that it had to decide was whether Enterprise's omission of either the term FLEET MANAGEMENT or COMMERCIAL TRUCKS in the mark changes the commercial impression of the mark. The Board felt that it did not.

  • A mile in these shoes might be uncomfortable

    While attempting to defend their actions, the retailers have raised an interesting and little used defense in trademark infringement litigation: the unclean hands defense.

  • Not only alive and well — but full of energy

    So, in sum, it's safe to say the safe distance rule is alive and well. But what does this recent case involving Innovation Ventures, owner of the well-known 5-Hour Energy marks, mean for future plaintiffs and defendants?

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