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IT’S ABOUT THE FABRICS, Not the Finished Clothing

A specimen “must in some way evince that the mark is ‘associated’ with the goods and serves as an indicator of source.” In re Sones, 590 F.3d 1282 (Fed. Cir. 2009); In re Safariland Hunting Corp., 24 USPQ2d 1380, 1381 (TTAB 1992) (specimen must show “direct association” with goods). Trademarks are used in commerce when […]

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“Will and Kate” No False Association

A trademark may be refused registration by the U.S. Patent and Trademark Office (“USPTO”) if it falsely suggests a connection with another person or institution. Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), in relevant part, prohibits registration of “matter which may … falsely suggest a connection with persons, living or dead, institutions, […]

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Federal Pro Bono Programs in Colorado

“Federal Pro Bono Programs in Colorado,” written by Thomas P. Howard LLC’s James Juo, has been published in the June 2022 issue of Colorado Lawyer. The article discusses the District of Colorado’s pro bono programs. “It is incumbent on those who can to aid those who need,” says Thomas P. Howard LLC’s Kammie Cuneo, who […]

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Distinguishing CLOVER with “Made in Texas”

Under Section 2(d) of the Lanham Act, the U.S. Patent and Trademark Office (“USPTO”) may refuse to register a trademark because of a likelihood of confusion with an existing registration. One possible response is to argue that consumers are likely to distinguish such marks from one another based on minute differences if there is a […]

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Consulting Agreements and Patent Rights

When founders leave their company, they often remain involved as consultants to ensure a smooth transition for the business. These consulting agreements also often include a patent assignment provision where any inventions developed during the consulting period are to be disclosed and assigned to the company. The Eighth Circuit’s decision in Sleep Number Corp. v. […]

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