2/27/2020 12:00:00 AM Is "Pure" Honey Held to a Higher Standard than "Natural" Dog Food? By Craig Whitney Ok, so now I'm confused. Just recently, we discussed the dismissal of a putative class action where advertising dog food as "natural,"...
2/24/2020 3:53:32 PM Cannabis And Trademarks: Sale of Cannabis-Infused Products Cannot Form Basis for Trademark Prior Use Defense By Kimberly Maynard In September 2018, Kiva Health Brands LLC (“KHB”), which supplies natural foods under the trademark KIVA, sued Kiva Brands Inc. (“KBI”)...
2/24/2020 2:48:35 AM Trademark Office Updates Rules For Applicant Email Addresses By Kimberly Maynard Last week, I discussed the USPTO’s new rules, including the requirement that applicants supply an email address to which they have direct...
2/24/2020 12:00:00 AM "Natural" Claims Evaluated Through a Reasonable Consumer's Eyes, Naturally By Craig Whitney There are no shortage of consumer class action false advertising cases over the use of word "natural." It doesn't matter whether you...
2/24/2020 12:00:00 AM TTAB Precedent: Registration of J HUTTON Refused As Primarily Merely A Surname By Kimberly Maynard When Colors in Optics, Ltd. sought registration of J HUTTON for its “eyewear, eyewear frames, and sunglasses,” it likely did not...
2/22/2020 6:11:34 PM Second Circuit Affirms $6.75 Million Damages Award to 5Pointz Artists By Frankfurt Kurnit Klein & Selz In February 2018, we wrote a detailed summary of the procedural background of the case and Judge Block’s decision (available here), and...
2/22/2020 2:49:30 AM TTAB Refuses Registration Of CHARLESTON HARBOR TOURS In Precedential Opinion By Kimberly Maynard In Spiritline Cruises LLC v. Tour Management Services, Inc., another precedential decision of 2020, the Trademark Trial and Appeal Board...
2/16/2020 10:39:49 PM TTAB Refuses Application for Motion Mark In Precedential Opinion By Kimberly Maynard In its first precedential opinion of this decade, the Trademark Trial and Appeal Board tackled motion marks. A motion mark is a...
2/12/2020 9:47:45 PM New Trademark Office Guidelines Require Disclosure of Applicant Email Addresses By Kimberly Maynard Late last week, the Trademark Office made waves when it published Examination Guide 1-20, which contains the latest update on the...
2/11/2020 5:08:14 PM The Corn Dog Saga Continues By Kimberly Maynard Last week, I wrote about an old fashioned family dispute over the rights to the FLETCHER trademark for corn dogs. At that time,...
2/9/2020 10:31:14 PM Sun To Rise on .GAY By Kimberly Maynard Set your clocks. On February 10, 2020, the sun will rise on the new .gay gTLD. For those who may need a brief refresher on gTLDs, ...
2/7/2020 8:32:54 PM Heirs Of Corn Dog Inventor Fry Ex-Family Member For Absconding With Family Jewels (Ahem, Corn Dog Trademark) By Kimberly Maynard This week, I learned that the oblong breaded meat served in my elementary school cafeteria was born in 1942 at the Texas State Fair. ...