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Trademark Litigation › Trademark Application › Reversal

McDermott Will & Schulte

Kissing cousins? SUNKIST and KIST deemed confusingly similar

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit reversed a Trademark Trial & Appeal Board decision, concluding that there was a likelihood of confusion between the marks KIST and SUNKIST when used in connection with soft...more

McDermott Will & Schulte

And All That Jazz: Trademark Used for One Service Doesn’t Permit Tacking for Others

McDermott Will & Schulte on

Reversing the Trademark Trial & Appeal Board’s decision to dismiss an opposition, the US Court of Appeals for the Federal Circuit addressed the requirements for a trademark owner to employ “tacking” based on the use of a mark...more

Buckingham, Doolittle & Burroughs, LLC

If a Good is not a Good, then a Trademark is not a Trademark

Buckingham, Doolittle & Burroughs, LLC on

The Trademark Trial and Appeal Board (TTAB) adopted a new rule for evaluating whether non-syndicated news columns are “goods in trade” under the Lanham Act in In re The New York Times Company, a precedential opinion issued on...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - November 2020: Paradise Found – TTAB Reverses a Failure-to-Function Refusal

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Trademark practitioners were pleasantly surprised this month when the Trademark Trial and Appeal Board issued a rare reversal of a “failure-to-function” refusal, which has become an increasingly more common hurdle for...more

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