Author Archives: JamesJuo

Who Owns the Name of the Band?

The name of a musical group can be the subject of trademark ownership disputes. See Wonderbread 5 v. Gilles, 115 USPQ2d 1296, 1302 (TTAB 2015) (“when both parties are relying upon activities the two conducted in concert with one another, each in an attempt to establish prior rights in a mark over the other, the […]

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Fair Use Decision in the Fourth Circuit

Whether an unauthorized use of a copyrighted work constitutes fair use, four statutory factors are considered: “(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used […]

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Distinguishing UNFORGETTABLE Travel Agency Services

For likelihood of confusion purposes, a mark’s strength “varies along a spectrum from very strong to very weak.” Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, 857 F.3d 1323, 122 USPQ2d 1733, 1734 (Fed. Cir. 2017) (citing Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 73 USPQ2d 1689, […]

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Merely Descriptive UNRIVALED LUXURY for Cruise Ship Services

“A term is merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of the goods or services with which it is used.” In re Chamber of Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012) (quoting In re Bayer AG, 488 F.3d 960, 82 […]

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Administrative Deposition Subpoenas for TTAB Proceedings

In opposition and cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”), subpoenas for witness testimony sometimes are necessary. Under 35 U.S.C. § 24, “the clerk of any United States court for the district wherein testimony is to be taken for use in any contested case in the Patent and Trademark Office shall, upon […]

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