the Trademark Resource for Start-Ups, Business Owners, Marketing Professionals, In-House Counsel, and Attorneys

Appeals

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 & Baer’s registered INDIGO and INDIGOSNOW trademarks for glasses and ski goggles. While the TTAB affirmed the USPTO’s § 2(d) likelihood of confusion refusal, the decision is more important because the TTAB took the time to clarify the requirements for introducing and relying on Internet evidence during ex parte proceedings before the USPTO. continue reading→

(Final) At The LecternThis post is not trademark specific (gasp!). But if you’re a trademark litigator, you’ll eventually find yourself making an appellate oral argument. Even if you don’t find yourself on appeal, you’ll definitely be arguing motions before a district court. Having a useful system to aid you in oral argument can significantly improve your chances of success.

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