Scott Slavick

Scott Slavick

October 18, 2017 | Inside Counsel

White Hot Powder Gets Its Shot in Color Mark Case

Gunpowder 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 TTAB

What 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 hairy

Dont 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 hole

The 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 dispute

The 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 spendology

A 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