Meg K. Tierney (US)

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The Board has no Time to Waste: TTAB Highlights Importance of Correctly Submitting and Categorizing Evidence in Proceedings

By Meg K. Tierney (US) on November 3, 2023 Posted in General

On September 29, 2023, the Trademark Trial and Appeal Board (“TTAB” or the “Board”) issued its 28th precedential decision of the year, this time focusing on appropriate discovery submissions and procedure. RLP Ventures, LLC v. Panini America, Inc., No. 91268816 (TTAB 2023). In June of 2020, Applicant Panini Americas, Inc. (“Panini”) applied to register the … Continue reading

Reverse Confusion: A Lesser Known Approach to Analyzing Likelihood of Confusion

By Meg K. Tierney (US) on September 18, 2023 Posted in Trademark

Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services. Home Chef began using its HC Home Mark and Home Chef Home Logo (collectively, the “HC Marks”) in 2014 in connection with meal preparation kits. Grubhub, a popular food-ordering and delivery service, merged … Continue reading

From Non-Infringement to No Jurisdiction: Does a Finding of Non-Infringement Moot a Request for Declaratory Judgment of Invalidity in Trademark Cases?

By Meg K. Tierney (US) on July 28, 2023 Posted in Trademark

The trademark dispute that has been steadily escalating between Illinois-based Citizens Equity First Credit Union (“Citizens”) and California-based San Diego County Credit Union (“SDCCU”) could be headed to the Supreme Court. SDCC filed a Petition for Writ of Certiorari asking the Supreme Court to clarify when courts have jurisdiction to hear invalidity claims in trademark … Continue reading

Supreme Court Rules in Favor of Jack Daniel’s in BAD SPANIELS Case: Parody Marks Can Still Function as A Source Identifier

By Meg K. Tierney (US) on June 9, 2023 Posted in Brands, Trademark

The United States Supreme Court issued its decision in a years-long dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a humorous dog toy which is intended to mimic the label of a Jack Daniel’s whisky bottle. Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. ____ (2023). The Court’s opinion focused on … Continue reading

RAPUNZEL, RAPUNZEL – Mere Consumers Have No Standing to Oppose

By Meg K. Tierney (US) on May 16, 2023 Posted in Trademark

An opposition that has been making its way through the Trademark Trial and Appeal Board (“TTAB”) for several years appears to have finally reached its not-so-fairytale ending. In May 2023, the TTAB overturned a 2018 TTAB ruling in the same case that allowed a consumer to oppose trademark applications based on the consumer’s interest to … Continue reading

After Years of Hounding from Jack Daniel’s, Supreme Court Agrees to Hear Bad Spaniels Parody Trademark Case

By Felicia Boyd (US) and Meg K. Tierney (US) on December 7, 2022 Posted in Trademark

The dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a parody dog toy continues and will finally proceed to the Supreme Court. The case centers around a parody dog toy sold by VIP that mimics the label of a Jack Daniel’s whisky bottle. The toy replaces the text “Jack Daniel’s Old No. 7” … Continue reading