TM Blog
Herman Miller Prevails in Trade Dress Suit
Herman Miller had sued Office Star for copying the Eames chairs, arguing that the chair had acquired secondary meaning and was protectable as trade dress. The jury agreed and awarded Miller $8.4 Million. The case highlights the use of trade dress law in protecting designs.
Supreme Court Will Review Ban on Offensive Trademarks
The US Supreme Court granted certiorari for the the refusal to register the mark the The Slants for a band of Asian Americans. If the court does overturn the ban, it will have wide ramifications in what can be trademarked.
TTAB Refuses Mount Rainier Mark
The Trademark Trial and Appeal Board has affirmed an examining attorneys refusal to register the mark "Mount Rainier The Mountain of Seattle Espresso & Milk" because of the likelihood of confusion with the existing mark "Mount Rainier Coffee Company." The "Mount Rainier Coffee Company" mark is registered on the supplemental register, showing the advantages of even a supplemental registration.
No Domain Name Protection for Famous Marks in India
The Bombay High court found that having a famous mark does not prevent someone else from registering and using the famous mark in a domain name. In Raymond Ltd vs. Raymond Pharmaceutical Pvt Ltd the court held “The overall scheme of the Trade-marks Act does not provide for any statutory protection in terms of prevention of use of a domain name which may also be a famous mark.”
Meth Lab Cleanup Can't Be Protected as Trademarked
A federal court has found that the phrase "Meth Lab Cleanup" describing a service cleaning up meth labs is eligible for trademark protection because it is generic. The ruling once again illustrates that although everyone loves marks that describe their product or service, such marks are hard to register or protect.