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December 10, 2009

North Face Apparel Corp. v. Williams Pharmacy, Inc., et al.
North Face files lawsuit for trademark infringement and dilution against South Butt.

November 6, 2009

In re 1800mattress.com
MATTRESS.COM was affirmed by the CAFC as generic for selling mattresses online.
August 31, 2009

In re Bose
CAFC affirmed that an intent to deceive in renewal of a registration required making a statement while knowing the statement to be false. Mere mistake or negligence does not rise to fraud on the USPTO.
Other resources for trademark services, searches, etc.,
with links to other sites trademark resources

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Abandonment

Termination of a trademark application by not taking timely action in response to the Trademark Office’s requirements


Acquired Distinctiveness

A Mark that is generally descriptive in nature may acquire distinctiveness over time as a Secondary Meaning related to that source for those goods/services becomes well-known


Actual Use

An application for trademark that is filed for a Mark that is already in use in Interstate Commerce


Allegation (Affidavit) of Use

Otherwise known as a Statement of Use; this is a statement that the Mark is being used in Interstate Commerce as of a certain date


Allegation (Affidavit) of Continued Use

Similar to a Statement of Use, but this is filed after a Mark has registered in order to show that it is still being used five (5) years later; also known as a Section 8 filing


Anticybersquatting

Laws against registering a domain name that is the Mark belonging to another when trying to obtain payment from the Mark owner for the domain (15 U.S.C. §1125(d))


Arbitrary Mark

a Mark that is a known word, but which is used in a fashion different from its ordinary meaning; such as, APPLE for computers



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