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In re Heeb Media, LLC

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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January 12 2009

The Examining Attorney refused to register the mark HEEB for clothing and entertainment services on the ground that it is disparaging to a substantial composite of the Jewish people

In re Dietrich

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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September 28 2009

The TTAB affirmed the Examining Attorney’s refusal to register a design of a bicycle wheel

Compagnie Gervais Danone v. Precision Formulations, LLC, Opp’n Nos. 91179589, 91184174 (TTAB Jan. 5, 2009)

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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February 13 2009

The parties applied to register the nearly identical mark for overlapping and legally identical goods, and opposed each other's applications on the ground of likelihood of confusion

Brown Shoe Co. v. Robbins

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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June 19 2009

The TTAB sustained an opposition against the mark PALOMITA for shirts, pants, shoes, and hats on the ground of likelihood of confusion based on Opposer’s prior use and registration of the mark PALOMA for various clothing and footwear products

Solid Host, NL v. Namecheap, Inc.

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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June 19 2009

The Central District of California denied defendant domain name registrar’s motion to dismiss plaintiff’s cybersquatting claim related to the use of the registrar’s private-registration services by an anonymous individual who allegedly hijacked plaintiff’s domain name

The entire PTO file for the trademark registration at issue is automatically of record in a cancellation

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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December 23 2009

In Cold War Museum, Inc. v. Cold War Air Museum, Inc., No. 09-1172 (Fed. Cir. Nov. 5, 2009), the Federal Circuit reversed the TTAB’s decision canceling registration of the service mark THE COLD WAR MUSEUM on the ground that The Cold War Museum, Inc. (“Cold War Museum”) had not proven acquired distinctiveness of that mark

In Re Peter S. Herrick

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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August 24 2009

The TTAB affirmed the Examining Attorney’s refusal to register the mark U.S. CUSTOMS SERVICE and Design for attorney services on the ground that the mark falsely suggested a connection with the governmental agency, the United States Border Protection, under Section 2(a

The Cold War Museum, Inc v. Cold War Air Museum, Inc

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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November 30 2009

Respondent obtained a registration under Section 2(f) for the mark THE COLDWAR MUSEUM

Citigroup Inc. v. Capital City Bank Group, Inc

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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March 31 2010

Based on Opposer's prior use and registration of its CITIBANK marks for financial services, Opposer opposed registration of Applicant's CAPITAL CITY BANK marks for financial services on the grounds of likelihood of confusion and dilution

Non-use of mark for nearly eight years does not constitute abandonment where owner produced substantial evidence of intent to resume use during that period

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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May 31 2010

In The Crash Dummy Movie, LLC v. Mattel, Inc., No. 09-1239 (Fed. Cir. Apr. 16, 2010), the Federal Circuit affirmed the TTAB’s decision finding that Mattel, Inc.’s (“Mattel”) nonuse of the CRASH DUMMIES and THE INCREDIBLE CRASH DUMMIES marks (collectively “CRASH DUMMIES marks”) for nearly eight years did not constitute abandonment where Mattel produced substantial evidence of its intent to resume use of the marks during that period of nonuse