Posts by Bruno Tarabichi

The Productive Lawyer 01: Clear to Neutral

  Lately, I’ve been noodling about how to become more productive. My law practice has become quite busy (with an honorable mention to my personal life). Unfortunately, this blog has been one of the casualties. Last year, blog posts were consistently published on a weekly basis. This year I have only published two posts to…

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In re I-Coat: Internet Evidence in Ex Parte Proceedings

Less than two weeks ago, the Trademark Trial and Appeal Board (“TTAB”) issued its precedential decision in In re I-Coat Company, LLC. The case involved I-Coat’s appeal from the U.S. Patent and Trademark Office’s (“USPTO”) refusal to register its three trademark applications for INDIGO for corrective lenses based on a likelihood of confusion with Schwabe…

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How I Used a Consent Agreement To Win a Trademark Infringement Lawsuit

In my last blog post, I discussed how the U.S. Patent and Trademark Office (“USPTO”) has been dealing with trademark consent agreements. This post views consent agreements from a different perspective, a litigant’s perspective. It’s important to differentiate between these two different contexts. Remember, a trademark consent agreement is just a private contract. And while…

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Natural Zone of Expansion: A Misnomer That Should Send You Running to Federally Register Your Trademark

In my last blog post, I discussed how difficult it is to rely on common law trademark rights because of the requirement to prove market penetration. Continuing with this same theme, it doesn’t get any easier after you’ve proven market penetration. After you’ve established common law trademark rights by proving market penetration in one or…

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