Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: Trademark Trial and Appeal Board

Promoter of Pugilist Products Fails to Prove Priority

Posted in Brands, Trademarks
In a case of first impression, the Trademark Trial and Appeal Board (the “TTAB”) decided that a licensee, even an exclusive licensee who has been appointed by the licensor as its representative for protecting intellectual property rights, cannot assert her licensor’s purported priority rights to prevail in a claim of likelihood of confusion. Moreno v.… Continue Reading

Indeterminacy

Posted in Trademarks
In my post last week I promised to discuss how the Board decides likelihood of confusion cases. How the Board decides these issues is of particular interest because it bears on a case currently pending before the Supreme Court, B&B Hardware v. Hargis Industries, Inc., concerning what effect a decision on the issue of likelihood… Continue Reading

Back To Basics: Trademark Use In Commerce

Posted in Trademark Basics, Trademarks
While we usually report on “sexy” trademark topics on the Trademarkology blog (e.g., Deadmau5’s catfight with Ferrari, Prince’s breakup with his record label, Thomas Pink’s panty raid on Victoria’s Secret), a recent question from a law school student made me revisit one of the fundamental issues in trademark law: use in commerce. A trademark must be… Continue Reading