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CELLULAR NERD, Not to be Confused with Superman

The character of Superman famously has become associated with certain symbols and indicia which, in the public mind, are inextricably linked with the Superman character and which function as trademarks. Among them include the “S” shield design (i.e., letter “S” inside a five-sided shield), and the pulling apart of a shirt to reveal a uniform […]

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GUJI Is Geographically Descriptive of Ethiopian Coffee

The TTAB reversed a Section 2(d) refusal of the applied-for GUJI MANE for “Coffee; Coffee beans; Ground coffee beans; Roasted coffee beans; Unroasted coffee” in view of the registered GUJI mark for “coffee,” because “Guji” is a geographic place known for coffee. In re Cxffeeblack LLC, Ser. No. 90109203 (TTAB Dec. 12, 2022).           Because […]

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Lotions and Soaps Are Related to Bath Linens and Towels

The TTAB has affirmed that the stylized GOODBATHS mark in block letters for “Body cream; Body lotion; Body scrub; Body wash; Fragrances; Non-medicated soaps for the body; Non-medicated soaps for the hands; Non-medicated skin care preparation, namely, body mist” in Class 3, is likely to cause confusion with the registered mark GOODBATH in a cursive […]

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The Likelihood of Confusing SMALL With BIG

The TTAB has affirmed that the mark SMALL WINS for “sweets and candies, namely, gummies and soft candies,” is likely to cause confusion with the registered mark BIG WIN for “candy.” In re Sugar Free Specialties, LLC, Ser. No. 90706411 (TTAB Dec. 7, 2022). “[W]hile the terms WINS and WIN are highly similar, the terms […]

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The Color Pink Can Be Functional

A classic example of a color as a trademark is pink for fiberglass insulation. In re Owens-Corning Fiberglas Corp, 774 F.2d 1116, 1123 (Fed. Cir. 1985) (finding the color pink “has no relationship to production of fibrous glass insulation” and “serves the classical trademark function of indicating the origin of the goods”); see also Two […]

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