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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

C




Cancellation

When the registration of a Mark is terminated early by a proceeding at the Trademark Trial & Appeal Board or by a court.


Certification Mark

A Mark that shows approval, which may then be utilized by others than the Mark owner to show that they have the approval of the Mark owner, such as a “seal of approval”.


Character

Name or design of a particular character, such as a person in a book – not typically registrable unless other meanings can be shown


Citizenship

U.S. law requires only that the citizenship of individuals or the Domicile of a company be listed; there is no requirement that the citizen be from any particular country


Collective Mark

A Mark designating a group or association


Color (as a mark)

Such as the color ‘brown’ for package delivery services – must have acquired distinctiveness to be registrable


Color (as used in a mark)

If color is an important part of a Mark, such color(s) must be indicated with a description of the parts of the Mark that have particular color(s)


Commerce

Interstate Commerce – transactions, such as sales or marketing efforts between two U.S. states or between a state and a foreign country


Community Trade Mark (CTM)

Trademark single filing that can extend to all European Economic Community (EEC) member countries; also European Community Mark (ECM)


Configuration Mark

Another name for Trade Dress


Contributory Infringement

Helping someone else to directly infringe, such as by providing infringing sales literature with the Mark of another, or importing trademarked goods into the U.S. for sale by another who is the Direct Infringer


Counterfeiting

Providing goods and/or services having a Mark associated with them when the goods and/or services do not come from the owner of the Mark


Cybersquatting

Reserving a domain name consisting of the Mark or name of another with the goal of obtaining payment from the legitimate owner to give it up



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