Tag archives: United States

It’s a girl group, but a BOYS WORLD: When does a performing artist’s name function as a trademark?

Photo of Nathan Mannebach (US)By Nathan Mannebach (US) on Posted in Trademark
In a precedential decision, the Trademark Trial and Appeal Board (“Board”) reversed the decision of the Examining Attorney, concluding that BOYS WORLD for “audio recordings featuring music,” in International Class 9 functioned as a trademark. ZeroSix, LLC, 2023 U.S.P.Q.2D 705 (TTAB May 1, 2023). “Boys World” is the name of a musical “girl group” that … Continue reading

Vans secures temporary restraining order barring promotion and sale of Wavy Baby Shoes

Photo of Kirsten Hash (US)Photo of Felicia Boyd (US)By Kirsten Hash (US) and Felicia Boyd (US) on Posted in Brands, Consumer goods, Trademark
In Vans, Inc. v. MSCHF Product Studio, Inc., No. 22CV2156WFKRML, 2022 WL 1446681 (E.D.N.Y. Apr. 29, 2022), shoe company Vans, Inc. (“Vans”) prevailed in obtaining a temporary restraining order and preliminary injunction against art collective MSCHF Product Studio, Inc. (“MSCHF”), restraining promotion and sale of its WAVY BABY shoes. Vans asserted that the WAVY BABY … Continue reading

TTAB prohibits the County of Orange from registering unofficial seal and badge designs

Photo of Kaylee A. Sill (US)Photo of Felicia Boyd (US)By Kaylee A. Sill (US) and Felicia Boyd (US) on Posted in Trademark
In a recent precedential decision, the TTAB refused registration of two trademark applications by the County of Orange holding that the marks constituted insignia even though they were not official seals.[1] In 2017, the County of Orange, a political subdivision in the state of California, applied for trademark registration of a circular and badge design … Continue reading

PepsiCo wins appeal over MTN DEW RISE ENERGY trademark dispute

Photo of Kaylee A. Sill (US)Photo of Felicia Boyd (US)By Kaylee A. Sill (US) and Felicia Boyd (US) on Posted in Brands, Consumer goods, Trademark
PepsiCo. Inc. recently convinced the U.S. Court of Appeals for the Second Circuit to throw out a preliminary injunction granted by a New York federal judge last fall that prevented PepsiCo from using MTN DEW RISE ENERGY on its canned energy drinks.[1] In March 2021, PepsiCo launched MTN DEW RISE ENERGY featuring cans with a … Continue reading

Federal Circuit upholds constitutionality of TTAB judges

Photo of Andrea Shannon (US)Photo of Robert Greeson (US)By Andrea Shannon (US) and Robert Greeson (US) on Posted in Patents, Trademark
This week the Federal Circuit rejected a constitutional challenge to the Secretary of Commerce’s appointment of administrative judges to the Trademark Trial and Appeal Board (“TTAB”) at the U.S. Patent and Trademark Office (“USPTO”). The decision comes on the heels of the Supreme Court’s decision in June in Arthrex v. Smith & Nephew, which stated … Continue reading

Testing and trade secrets: marketing may eliminate rights

Photo of Sean Patrick McGinley (US)By Sean Patrick McGinley (US) on Posted in Advertising, Intellectual Property
Marketing testing procedures and results often provides compelling data to influence customer decisions. But, doing so may impede potential trade secret misappropriation claims. As further described below, a federal court recently granted summary judgment against a trade secret misappropriation claim because the company advertised information about testing equipment, operations, and outcomes. (S&G Labs Hawaii v. … Continue reading
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