Prosecution Luncheon November 2014 (No December luncheon)
USPTO • Next Generation Identification of Goods and Services Manual (IDM-NG) – advanced searching. • Oct. 2014 version of TMEP • New searchable version of the TBMP • Jan. ’ 15: courtesy emails of TM maintenance reminders
Is “THE EGG” Descriptive? • THE EGG for "facial toning machines for cosmetic use" • "a word which describes the form or shape of a product falls under the proscription of Section 2(e)(1) of the Trademark Act. " • TTAB” THE EGG is merely descriptive because it "immediately and directly informs prospective purchasers and users of the shape or form of Applicant’s goods. " • In re Flageoli Classic Limited, LLC, Serial No. 85811333 (October 30, 2014) [not precedential].
Proving Bona Fide ITU • Opp: ITU for HARD CANDY void b/c no bona fide intent to use for leather goods when filed – No pre-filing documentation – applicant's "pattern" of abandoned ITU apps • App: pre-filing email offering various goods under HARD CANDY to Wal-Mart; post-filing eventually used for sunglasses, cosmetic bags and apparel credible intent • Hard Candy Cases, LLC v. Hard Candy, LLC, Opposition No. 91195328 (November 13, 2014) [not precedential].
Keep Your Distance – for 5 Hours? • 5 -Hour Energy sued N 2 G for selling “ 6 Hour Energy Shot” TM and trade dress infringement permanent injunction – N 2 G violated in various ways (bad actor) • In contempt proceedings, Ct. Applied the “Safe Distance Rule” – “prevents known infringers from using trademarks whose use by non-infringers would not necessarily be actionable. ” – Ct. found modified products were too close to originals and violated injunction – Rule is equitable part of Ct’s remedial tool kit Innovation Ventures, LLC v. N 2 G Distrib. , Inc. , (6 th Cir. , 8/14/14)
Discover the Copyright SOL? • 7 th Cir: © "Discovery rule" – SOL starts when π discovers, or with due diligence should have discovered, injury • Employee of π noticed blueprints in City Offices, but City denied request for a copy • "inquiry notice, " may help identify time at which reasonable plaintiff can be expected to start investigating, but does not itself trigger statute of limitations • Chi. Bldg. Design, PC v. Mongolian House, Inc. , (7 th Cir. , 10/23/14)
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