• 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.

  • War of words: Importance of well-designed consumer survey methodology

    For a survey to be given significant weight in showing consumer confusion, counsel should take care to ensure that an unbiased expert employs proper methods to survey an appropriate, representative sample.

  • Destination: Europe

    If your business unit wants to expand operations into the European Union, it falls on the shoulders of the legal department to develop a strategy to protect your valuable intellectual property, and to do so within a certain budget.

  • 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.

  • Trademark ‘Great Pretenders’ get a break from Supreme Court

    Herb Reed and similar decisions following the reasoning of eBay have elevated the burden of proof for plaintiffs, and provided defendants — “Great Pretenders” or not — with a more favorable playing field in surviving trademark challenges.

  • Fail Hydra: Marvel looks to Avenge leaked trailer

    The entertainment giant has requested that the U.S. District for the North District of California issue a subpoena to Google in order to get information about the evildoer who leaked the trailer in the first place.

  • 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.

  • Aereo’s request for reclassification denied

    Aereo, you may remember, is the tech company that offered devices capable of catching broadcast signals without a cable subscription at the center of a prominent Supreme Court case in June.

  • Comics and copyrights at New York Comic Con, Part 2

    Part one of this series brought you some key takeaways from a New York Comic Con panel on comics and copyrights that featured attorneys Sheafe Walker of the Law Office of Sheafe Walker, Matthew Tynan of Pelosi Wolf Effron & Spates, Thomas Crowell of Lane Sash and Larabee, and comics...

  • 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.

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