Scott Slavick
October 18, 2017 | Inside Counsel
White Hot Powder Gets Its Shot in Color Mark CaseGunpowder Maker an American Success Story in TTAB ReversalSuccess in the American tradition demands the qualities of motivation, determination, willingness…
By Scott Slavick
4 minute read
September 25, 2017 | Inside Counsel
Where There’s Smokin’, There’s a Token Ruling at TTABWhat But Dazed Bemusement Can Greet Board Ruling on Rolling Papers?See 1.0, 1.25, 1.5, and 2.0 and what comes to mind? Decimals? Middle-school math? Ask…
By Scott Slavick
7 minute read
September 25, 2017 | Inside Counsel
No Excuses, Authors: Crank Up the Book Series!TTAB Finds Single Diet Book Not Entitled to Protection.According to the U.S. Patent and Trademark Office’s Trademark Manual of Examining Procedure,…
By Scott Slavick
5 minute read
March 25, 2014 | Inside Counsel
Blast or blown away? Proving priority gets a little hairyDont forget the priority of priority. Likelihood of confusion might be more sexy and glamorous but style points aren't the entire substance of victory: You need both to stop a potential infringer.
By Scott Slavick
5 minute read
March 11, 2014 | Inside Counsel
IP: Mess with this Mouse, you might get stuck in a holeThe TTAB cancelled Coutures PLAYDOM mark on the grounds that mere advertising of a service mark prior to filing a service mark application was not enough to constitute use in commerce.
By Scott Slavick
3 minute read
February 25, 2014 | Inside Counsel
IP: There's no papering over this disputeThe dispute brewing over the PAPER trademark invokes all the relatively rare theories that trademark lawyers love to obsess over. The big question: Who will win and why?
By Scott Slavick
15 minute read
February 11, 2014 | Inside Counsel
IP: Are trade channels really that important, and did the theory of reverse confusion die?In re Bentley Motors Ltd. could be worth citing in the future if your client can make a credible case that its goods or services travel in very specialized channels of trade.
By Scott Slavick
4 minute read
January 28, 2014 | Inside Counsel
IP: Cloudy weather for network television or are clearer skies ahead?On Jan. 10, the U.S. Supreme Court agreed to hear an appeal that has tremendous implications for the economics of television, cloud computing and Internet streaming.
By Scott Slavick
6 minute read
January 14, 2014 | Inside Counsel
IP: Trademark by analogy problematic for spendologyA recent Trademark Trial and Appeal Board ruling in PNC v. Ashe rejects the argument that social media presence constitutes trademark use.
By Scott Slavick
9 minute read
October 15, 2013 | Inside Counsel
IP: Did Vimeo drift outside the DMCA’s safe harbor?Talk isn't cheap: Owners should not allow its employees to comment on potentially-patent infringing content.
By Scott Slavick
4 minute read
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