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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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Induced Infringement

Actively helping and/or persuading another to directly infringe a third party’s Mark – contrast this with Contributory Infringement which is merely facilitating the use of the Mark, although a close distinction


Infringement

Use of the trademark of another without permission (15 U.S.C. §1114; also state and common laws)


Intent-to-use

An application that is filed when a Mark is not yet in use in Interstate Commerce – typically this is done to lock in the Mark for priority and to allow the examination process to go forward while the applicant is preparing for use of the Mark


International Class

There are 34 different classes of goods and eleven (11) different classes of services recognized as distinct for registration by the international community.


Interstate Commerce

Use of a Mark between two U.S. states or between a state and a foreign country


Incontestability, Affidavit (Statement) of

After a Mark has been registered on the Principal Register for five years, a Statement of Incontestability may be filed; this prevents actions for Cancellation for reasons other than fraud – also known as a Section 15 filing



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