Finnegan's monthly review of essential decisions, key developments, evolving trends in trademark law, and more.
November 2009 Issue
Civil Cases
City of Carlsbad v. Shah,
2009 WL 3398785 (S.D. Cal. Oct. 20, 2009)
Southern District of California orders PTO to deny registration of defendant’s applied-for marks after finding a lack of objective evidence of defendant’s bona fide intent to use the marks in commerce at the time his ITU applications were filed.
In re 1800MATTRESS.COM IP, L.L.C.,
2009 WL 3681828 (Fed. Cir. Nov. 6, 2009)
Federal Circuit affirms TTAB decision holding that MATTRESS.COM is generic for online mattress stores on the basis that the relevant public would understand MATTRESS.COM to refer to online mattress retailers.
The Cold War Museum, Inc. v. Cold War Air Museum, Inc.,
2009 WL 3644936 (Fed. Cir. Nov. 5, 2009)
Federal Circuit holds that the entire PTO file for the registration at issue in a cancellation is automatically of record, and respondent need not resubmit any evidence that was filed during the prosecution of the registration.
Univ. of Alabama Board of Trustees v.
New Life Art Inc.,
CV 05-UNAS-PT-585-W (N.D. Ala. Nov. 2, 2009)
Artist’s unlicensed use of university’s sports-team colors in paintings depicting historic scenes of university’s football games was not infringing.
Civil Cases
City of Carlsbad v. Shah,
2009 WL 3398785 (S.D. Cal. Oct. 20, 2009)
Southern District of California orders PTO to deny registration of defendant’s applied-for marks after finding a lack of objective evidence of defendant’s bona fide intent to use the marks in commerce at the time his ITU applications were filed.
In re 1800MATTRESS.COM IP, L.L.C.,
2009 WL 3681828 (Fed. Cir. Nov. 6, 2009)
Federal Circuit affirms TTAB decision holding that MATTRESS.COM is generic for online mattress stores on the basis that the relevant public would understand MATTRESS.COM to refer to online mattress retailers.
The Cold War Museum, Inc. v. Cold War Air Museum, Inc.,
2009 WL 3644936 (Fed. Cir. Nov. 5, 2009)
Federal Circuit holds that the entire PTO file for the registration at issue in a cancellation is automatically of record, and respondent need not resubmit any evidence that was filed during the prosecution of the registration.
Univ. of Alabama Board of Trustees v.
New Life Art Inc.,
CV 05-UNAS-PT-585-W (N.D. Ala. Nov. 2, 2009)
Artist’s unlicensed use of university’s sports-team colors in paintings depicting historic scenes of university’s football games was not infringing.
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