TTAB

  • Gruyere, But Not Gruyere: The Ongoing Battle of Generic Terms and Geographic Indicators

    Gruyere, But Not Gruyere: The Ongoing Battle of Generic Terms and Geographic Indicators

    Anthony Cartee

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    Gruyere cheese, But Not Gruyere cheese – Can U.S. dairy retailers label cheese as “Gruyere” even if it is not produced in the Gruyère region of Switzerland and France? According to a recent decision from a Virginia federal court, the answer is yes — at least for now. The Virginia Court upheld an administrative decision from the Trademark Trials and Appeals Board (TTAB), which determined that “gruyere” has become a generic term to describe a type of cheese, rather a term to certify that the cheese is produced in the Gruyère region of Switzerland and France. This means that the… Read More

  • Intellectual Property Law – No Dull Moments

    Intellectual Property Law – No Dull Moments

    Anthony Cartee

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    Intellectual Property Law – No Dull Moments Intellectual Property Law – With Labor Day quickly approaching, and Back-to-Work and Back-to-School mentality haunting many of our minds, it’s a good time to reflect on what’s transpired in the IP world so far this year. From the Trademark Trial and Appeal Board (TTAB) revoking the Redskins’ registered trademark, to Aereo taking a hit in the U.S. Supreme Court over copyright in the clouds, the courts have had their hands full with intellectual property issues this year, and given the ever-changing landscapes we face business and technology wise, it doesn’t look like this… Read More

  • What Would Jesus Do – TTAB Decides Trademark Battle

    What Would Jesus Do – TTAB Decides Trademark Battle

    Anthony Cartee

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    What Would Jesus Do – TTAB Decides Trademark Battle What Would Jesus Do – After a six-year legal battle, Tyler Perry has officially won the trademark rights to “What Would Jesus Do.” Kimberly Kearney, a reality TV star, originally registered the mark in 2007 intending to use it for a reality show of her own. Months later, Perry registered the same phrase, and later moved to have Kearney’s rights to it canceled. So what went wrong for Kearney? Ultimately, the Trademark Trial and Appeal Board (TTAB) sided with Perry’s contentions that Kearney had abandoned the mark. See the decision.  In… Read More

  • Can Government Entity Trademark Insignia?

    Can Government Entity Trademark Insignia?

    Anthony Cartee

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    Can Government Entity Trademark Insignia? Government Entity Trademark Their Insignia? – Today we look at an interesting case, In Re City of Houston, before the United States Court of Appeals for the Federal Circuit.  This case consolidated two cases, one brought by the city of Houston, Texas, and the other by the government of the District of Columbia, that asked the same basic question.  In both cases the local governmental entity sought federal trademark registration of their official insignia, e.g. their seal. Background of the Cases Both Houston and DC – each a government entity – sought to trademark their seals as… Read More

  • Trademark Trial Appeal Board & Infringement Lawsuits

    Trademark Trial Appeal Board & Infringement Lawsuits

    Anthony Cartee

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    Trademark Trial Appeal Board & Infringement Lawsuits Trademark Trial Appeal Board (TTAB) – In B&B Hardware v. Hargis Industries the United States Court of Appeals for the Eighth Circuit ruled on a contentious case of trademark infringement litigation that had been going on for over fifteen years.  One of the central issues was the very, very interesting role of decisions made by the Trademark Trial Appeal Board (TTAB) which is an adjudicatory branch of the United States Patent and Trademark Office (USPTO.) Background of the Case Plaintiff B&B makes a type of fastener device used in the aerospace industry that it sells under… Read More