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Reading the Letter “V” as an Inverted “A”

The TTAB recently held that consumers were likely to understand the “V” in FLVSH to be an inverted “A” and “read” the mark as FLASH; such that the marks will make the same commercial impression and have the same connotation. In re Uri Charles, Ser. No. 90235507 (TTAB Nov. 10, 2022). Even coined terms can be […]

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Process Serving Foreign Entities Via the USPTO

The Ninth Circuit has ruled that service of process for a lawsuit against a foreign company that affects a U.S. trademark registered to that foreign company, can be made through the Director of the U.S. Patent and Trademark Office (“USPTO”). Under 15 U.S.C. § 1051(e), a trademark applicant domiciled in a foreign country can designate […]

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Fake Vogue Cover Likely to be Trademark Infringement

The issue in trademark infringement is not the alleged misappropriation of creative expression, but rather, the likelihood of confusion in the marketplace as to the source of goods or services. But the First Amendment limits the application of trademark law with respect to an expressive work. See Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989); […]

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First Amendment Limits “UFO” Trademark Against UFO Series

The First Amendment limits the Lanham Act’s application against the title of an expressive work. See Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989); see also Gordon v. Drape Creative, Inc., 909 F.3d 257, 269 (9th Cir. 2018); Brown v. Elec. Arts, Inc., 724 F.3d 1235, 1241 (9th Cir. 2013). UFO v. Showtime In […]

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No Time for Daylight Saving Time?

Time to “fall back” an hour on Sunday, November 6, 2022. An annual ritual that may change with the Sunshine Protection Act that passed the U.S. Senate earlier this year to make Daylight Saving Time permanent year-round. According to a YouGov poll taken in March 2022, 64% of Americans want to stop changing the clocks […]

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