The TTAB explained that non-exclusive use of a mark presents a “serious problem” for the mark owner trying to establish that its trademark serves as an indicator of a single source. Here, the examining attorney identified 23 cereal products (including other toroidal-shaped oat-based cereals) that she believed shared a similar yellow packaging color, including competing cereals from Kellogg, Post and Quaker. The TTAB opined that in such a crowded market, word marks and graphic images are more important in conveying to a customer each unique cereal brand. … [Read more...] about The Cheerios Challenge of Registering Color Marks
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The Louboutin decision is remarkable in that it resurrects the doctrine of aesthetic functionality, which had been thought by some to be moribund. Similarly, the Court embraced the previously defunct argument that the single color of a product is not capable of protection because of the risk of "shade confusion," which argument had been explicitly rejected by the Supreme Court in Qualitex Co. v. Jacobson Prod. Co., Inc., 514 U.S. 159, 167-168, 115 S. Ct. 1300, 131 L. Ed. 2d 248 (1995). … [Read more...] about Court Denies Louboutin Preliminary Injunction: Holds Fashion Blind to Single Color Marks
In 2014, the FDA had begun investigating WEN by Chaz Dean Cleansing Conditioners after receiving 127 consumer reports. The FDA later learned that the manufacturer had already received 21,000 complaints of alopecia and scalp irritation. The product still remains on the market with the FDA requesting for additional consumer reports. … [Read more...] about Cosmetics Have Side Effects, Personal Care Products Remain Underregulated In US, Study Says
In February 2014, SawStop filed a lawsuit alleging that about two dozen table saw manufacturers conspired through their industry organization, the Power Tool Institute, Inc. (PTI), not to license SawStop’s safety technology. According to the complaint, in 2000, Gass began licensing negotiations with several companies now named as defendants in the suit. As a result, the companies allegedly held a vote on how to respond to SawStop and shortly thereafter ended their individual licensing negotiations with Gass. … [Read more...] about Buzzsaw or SawStop: Are You Prepared to Avoid Antitrust Liability in the Product Safety Arena?
Looks of the week include a pink pantsuit, a green dress and a sweater paired with a pencil skirt and blazer. How to look different despite clothing repeats? Buy separates that you can mix and match, and don’t always wear the same accessories with your garments. Is a double-breasted blazer for you? “This is not a question of whether you should wear a double-breasted blazer, but when,” she says. … [Read more...] about Attorney who does pro bono with inmates is new Miss USA