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Formulaic Declarations are Less Persuasive

In response to a refusal to register a trademark, declarations may be submitted setting forth facts to rebut the grounds for refusal. Cookie-cutter declarations, however, might be given less weight than bespoke declarations. In re EBSCO Indus. Inc., 41 USPQ2d 1913, 1917 (TTAB 1996); see also In re Pohl-Boskamp GmbH & Co., 106 USPQ2d 1042, […]

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Change in Circumstance Can Avoid Claim Preclusion at TTAB

Under the doctrine of claim preclusion (sometimes also referred to as res judicata), a final judgment forecloses successive or subsequent litigation of the same claim. Where the parties have had a full and fair opportunity to litigate, this legal doctrine minimizes the possibility of an inconsistent decision. Geographically Descriptive LAGUNA CANDLES In October 2013, the […]

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Sanctioned for Manipulation of Documents at Deposition

If you are the subject of a court injunction, then you need to take all reasonable steps to ensure compliance with that injunction. Otherwise, you may be at risk of being found in civil contempt. In the Seventh Circuit, a district court must make a finding of “bad faith, designed to obstruct the judicial process, […]

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Unofficial Seals Are Insignia Too

Trademark Act Section 2(b) bars registration of a mark that “[c]onsists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality of the United States ….” 15 U.S.C. § 1052(b). This section imposes an absolute bar against registration of a mark that consists […]

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Monster Discovery Sanction Excluding Actual Damages

Failure to disclose a computation of damages as required by Rules 26(a) and (e) may result in a motion to strike a claim for actual damages as a discovery sanction under Rule 37. Rule 26(a) requires a party to disclose “a computation of each category of damages claimed by the disclosing party,” among other information. […]

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