TheTMCA.com

The TTAB Issued a TKO to a Licensee’s Claim of Priority

When two boxing companies sparred before the TTAB, the gloves came off—and that wasn’t only because the dispute concerned a trademark registration for boxing gloves.  In Moreno v. Pro Boxing Supplies, Inc., the petitioner, Julie Moreno, sought to cancel Pro Boxing Supplies’ existing trademark registration…

DMCA Agent Registration Reminder

If your company hosts any type of user generated content on a website, then you should appoint and record a Digital Millennium Copyright Act (“DMCA”) agent with the Copyright Office to take advantage of safe harbor provisions set forth in the Copyright Act. As we…

Copyright Fair Use in the Land of Famous Potatoes

It isn’t all that often that copyright decisions get handed down by the federal district court in the great state of Idaho, so the recent decision in James Castle Collection v. Scholastic, Inc. caught our attention.  The Court’s fair use analysis caught our attention too,…

TTAB Appeal Fees – Winner Does Not Take All

We recently wrote about the decision in the federal district court for the Eastern District of Virginia, which overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable because the mark is generic.  The route of the appeal…

#TidalTuesday #UseInCommerce #RegistrationFail

A recent decision by the Trademark Trial and Appeal Board in Tidal Music AS v. The Rose Digital Entertainment LLC (Opp. No. 91232127) confirms the importance of ensuring proper use of a service mark before filing an allegation of use. The key take-away from the decision…