Transcript In re Hartz Hotel Services, Inc., 102 U.S.P.Q.2d 1150

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“FROM THE ORIGINAL
MAKERS OF CHIROKLENZ”…
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In re Strategic Partners, Inc.,
102 U.S.P.Q.2d 1397 (TTAB 2012)
ANYWEARS
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ANYWEARS
“Any other established fact
probative of the effect of
use.”
S
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
NASDAQ v. NASDAQ (sporting goods & clothing) –
2003

The Other White Meat v. The Other Red Meat
(salmon) – 2010

[Nike] Just Do It v. Just Jesu It (clothing) – 2011

Motown v. Motown Metal (toy vehicles) - 2011
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Coach Services Inc. v. Triumph Learning LLC,
668 F.3d 1356 (Fed. Cir. 2012)
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Research in Motion Ltd. v. Defining Presence
Mktg. Group and Axel Ltd. Inc.,
102 U.S.P.Q.2d 1187 (TTAB 2012)
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Academy of Motion Picture Arts and Sciences v.
Alliance of Professionals & Consultants, Inc.,
104 U.S.P.Q.2d 1234 (TTAB 2012)
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Section 1125(c)(6) – Ownership of a federal registration is a
complete bar to any action:
(A)(i) [now (A)] is brought by another person under the
common law or a statute of a State; and
(ii) [now (B)(i)] seeks to prevent dilution by blurring or dilution
by tarnishment; or
(B) [now (B)(ii)] asserts any claim of actual or likely damage or
harm to the distinctiveness or reputation of a mark, label, or
form of advertisement.
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 SNAP
 SNAP

SIMPLY SAFER; and
For medical syringes and needles
Duopross Meditech v. Inviro Medical,
685 F.3d 1046, 103 U.S.P.Q.2d 1753 (Fed. Cir. 2012)
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Forthwith
conveys an immediate idea of the
ingredients, qualities, or characteristics of the
goods
Requires
imagination, thought, and perception to
reach a conclusion about the nature of the goods
Duopross Meditech v. Inviro Medical,
685 F.3d 1046, 103 U.S.P.Q.2d 1753 (Fed. Cir. 2012)
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May
ascertain the meaning and weight of each
component
Must consider the mark as a whole
Must consider the mark in relation to the
goods
Duopross Meditech v. Inviro Medical,
685 F.3d 1046, 103 U.S.P.Q.2d 1753 (Fed. Cir. 2012)
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Duopross Meditech v. Inviro Medical,
685 F.3d 1046, 103 U.S.P.Q.2d 1753 (Fed. Cir. 2012)
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•
Self-laudatory and puffing marks are
regarded as descriptive
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SNAP SIMPLY SAFER - lauds the safety of the
products
Duopross Meditech v. Inviro Medical,
685 F.3d 1046, 103 U.S.P.Q.2d 1753 (Fed. Cir. 2012)
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In re Tennis Industry Association,
102 U.S.P.Q.2d 1671 (TTAB 2012)
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“A Blend of
Cabernets Merlot - Syrah”
In re Sadoru Group, Ltd.,
__ U.S.P.Q.2d ____ (TTAB 2012)
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