Results tagged “trademarks” from Pierce Law Library

In re Vertex: Sound Marks Precedent

By
Roberta Woods
on April 24, 2009 8:00 AM |
The PTO's Trademark Trial and Appeal Board issued a precedential opinion in February concerning sound marks. Well-known sound marks include the NBC chimes and the Microsoft start-up melody.  The decision in the case, In re Vertex, 89 USPQ2d 1694 (T.T.A.B. 2009) (77 PTCJ 424, 2/27/09), decided by the Board Feb. 19, 2009, may significantly impact trademark owners' ability to register and enforce sound marks.  Read more from this analysis piece on BNA's Patent, Trademark & Copyright Journal - 77 PTCJ 685.

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2d Circuit Finds Selling Trademark Keywords "Use In Commerce"

By
Roberta Woods
on April 22, 2009 8:00 AM |
In Rescuecom v. Google, the Second Circuit found on April 3, 2009, that selling trademarks as search engine advertising keywords can qualify as a "use in commerce" under the Lanham Act. According to an analysis piece in BNA's Patent, Trademark & Copyright Journal, the holding broke "from Second Circuit precedent and may benefit trademark holders seeking to prevent search engines and competitors from profiting off their protected marks."  Read more at 77 PTCJ 688.

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CCH Trademark Law Newsletter

By
Roberta Woods
on February 25, 2009 8:00 AM |
In TRADEMARK LAW GUIDE, Letter No. 69, February 20, 2009:

  • Fees Awarded to Prevailing Designer in Trade Dress Case
  • Tribal Court Could Not Hear Dispute over Cigarette Packaging
  • Website Links to Competing Products Could Cause Confusion
  • Promoter Barred from Staging "Moscow Cats Theatre" Shows
  • AARP Could Seek to Stop Rival "Modern Maturity" Magazine
  • Former Licensee Enjoined from Using Restaurant's Marks
  • Fraud as to Some Goods Did Not Invalidate Entire Registration
  • Labels for Unapproved Drug Not "Lawful Prior Use" of Mark
  • QUALIFICATION AS A MARK
  • PRIORITY OF USE
  • LIKELIHOOD OF CONFUSION
  • JURISDICTION
  • LICENSE AGREEMENTS
  • PENDING LEGISLATION
CCH Internet Research Network:  http://0-www.business.cch.com.cardcatalog.piercelaw.edu/primesrc/bin/highwire.dll?ult=p&tpl=brilogin.tpl&eg=h10&
Click on the tab labeled "Intellectual Property, Computer & Internet Law" then select "Trademark Law Newsletters."

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

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Prescription for Proving Use of Trademarks for Drug Names in the US

By
Roberta Woods
on February 24, 2009 10:00 AM |
A Prescription for Proving Use of Trademarks for Drug Names in the U.S. by Peter S. Sloane and Angela M. Martucci is available on BNA's Patent, Trademark & Copyright Journal.

Pharmaceutical companies regularly file trademark applications for drugs awaiting FDA approval. The applicant and/or registrant must claim use of the mark in U.S. commerce to obtain or retain registration.  The problem lies in drugs that are still awaiting FDA approval are, by definition, not yet marketed or sold to the consuming public. Thus, proving use of the mark may be problematic in those circumstances and the FDA approval process lengthy. 

In order to constitute use, the applicant or registrant must make a "bona fide use of the mark in the ordinary course of trade."  What is the ordinary course of trade for the pharmaceutical industry?  Read more on BNA's Patent, Trademark & Copyright Journal site.

http://0-news.bna.com.cardcatalog.piercelaw.edu/ptln/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

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