Intellectual Property Protection, Generic, Trademark Litigation

No Bull: Historically Generic Term Can Become Non-Generic

McDermott Will & Emery on 3/21/2025

The US Court of Appeals for the Federal Circuit affirmed Trademark Trial & Appeal Board rulings, finding that a previously generic term was not generic at the time registration was sought because at that time the mark, as...more

The Fondues and Don’ts of Certification Marks

McDermott Will & Emery on 3/16/2023

The US Court of Appeals for the Fourth Circuit affirmed a summary judgment grant in favor of the opposers of a certification mark application for the trademark GRUYERE to designate cheese that originates in the Gruyère region...more

U.S. – Reframing the Test for Genericness in the Soft Drink Wars

Hogan Lovells on 7/19/2018

Royal Crown Co., Inc. v. The Coca-Cola Co., 2018 WL 3040163 (Fed. Cir. June 20, 2018) - In late June, the Federal Circuit issued an opinion in the year-long litigation between Royal Crown Co., Inc. (“RC”) and The...more

No Twist on Pretzel Crisps on Remand

Akerman LLP - Marks, Works & Secrets on 9/19/2017

In a 54 page decision issued on September 6, 2017, the Trademark Trial and Appeal Board (the “Board”) ended (again) a long-standing dispute between snack food makers Frito-Lay, Inc. (“Frito”) and Princeton Vanguard, LLC...more

No Room at the USPTO: TTAB Rejects Booking.com Trademarks As Generic

Dorsey & Whitney LLP on 3/23/2016

Many online businesses prefer to use domain names that communicate as clearly and concisely as possible the types of goods and services offered on their websites. That may be good marketing strategy. But as a recent decision...more

Thirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if Evidence Is Insufficient - In re Louisiana Fish Fry...

McDermott Will & Emery on 10/8/2015

Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence supporting the plaintiff’s...more