December 2013 Issue

Civil Cases

Kate Spade LLC v. Saturdays Surf LLC,
2013 WL 2986454 (S.D.N.Y. June 17, 2013)
by Whitney Devin Cooke
Southern District of New York finds no likelihood of confusion between Kate Spade’s SATURDAY mark and SATURDAYS SURF NYC following declaratory judgment action filed by Kate Spade and counterclaim alleging trademark infringement filed by Saturdays Surf.

Levi Strauss & Co. v.
Abercrombie & Fitch Trading Co.,
719 F.3d 1367 (Fed. Cir. June 18, 2013)
by Eleanor Atkins*
Federal Circuit holds that district court litigation on trademark infringement and dilution does not preclude later challenges to the mark’s registration at the PTO, reversing the TTAB and remanding for consideration of the PTO challenges.

TTAB Cases

Bd. of Trustees of Univ. of Alabama v. Pitts,
107 U.S.P.Q.2d 2001 (TTAB July 23, 2013)
by Naresh Kilaru
TTAB finds that the University of Alabama does not own trademark rights in a houndstooth pattern.

In re Hulting,
107 U.S.P.Q.2d 1175 (TTAB June 10, 2013)
by Brian Westley
TTAB refuses to register “No More RINOS!” on ground that it fails to function as a mark because it is perceived merely as a political slogan.

Swatch AG v. M.Z. Berger & Co.,
108 U.S.P.Q.2d 1463 (TTAB Sept. 30, 2013)
by Laura K. Johnson
TTAB finds no likelihood of confusion between SWATCH and IWATCH trademarks, but sustains Swatch’s opposition based on Applicant’s lack of a bona fide intent to use its mark in commerce when it filed its application.