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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

D




Descriptive Mark

a Mark or portion of the Mark that describes the goods or services associated with the Mark – may also describe a characteristic of the goods or services and will be descriptive


Design Mark

a graphic Mark – often called a ‘logo’


Dilution (15 U.S.C. §1125(c); also state laws)

use of the Mark of another (or closely similar), such that some of the value of the original Mark is lost


Dilution by Blurring

this Dilution takes place when one cannot tell the difference between the Mark and that which is diluting it because they are too closely similar – thus, the Distinctiveness of the Mark is ‘blurred’ and its value diluted


Dilution by Tarnishment

this Dilution takes place when the Mark is cast in a fashion that denigrates the Mark


Direct Infringement

actually using the Mark of another without permission and in association with the goods/services for which the Mark is registered


Disclaimer

a requirement made by an Examining Attorney to disclaim certain portions of the Mark as being descriptive – the disclaimer means that the applicant does not claim those portions of the Mark (which may be all of the parts of the whole Mark) by themselves, but is only getting protection for the entire Mark as a whole


Domicile

the place where a company is located; also applies to persons


Drawing

the Mark as it is provided in the application – for a Standard Character Mark, it is merely the typed phrase or word



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