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LUKUMADES = LOUKOUMADES = DONUTS REFUSED REGISTRATION

In Trademarks, TTAB by Stacey Kalamaras

Every summer in Chicago, I look forward to attending food festivals.  My favorite activity is attending as many Greek church food festivals as possible. Not only because I was raised in the Greek Orthodox faith, but because I absolutely adore the food. The highlight of every Greek picnic are the loukoumades, deep fried pieces of dough that are slathered in …

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Spotify Snuffs Out Potify Applications at the Trademark Trial and Appeal Board

In Trademarks, TTAB by Stacey Kalamaras

Last week, in the first precedential decision of 2022, the Trademark Trial and Appeal Board (“TTAB” or “Board”) held that the SPOTIFY mark is a famous and distinctive trademark. The Board refused to register the marks POTIFY and POTIFY & Design for an app that essentially allows consumers to order their favorite products from their preferred marijuana dispensaries. Spotify argued …

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The New Trademark Modernization Act: Its Impact on Foreign Trademark Owners

In Trademarks, TTAB by Stacey Kalamaras

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020 to address the increase in fraudulent trademark filings by foreign trademark owners, many of which reside in China. The TMA amends the Trademark Act (Lanham Act) and will mostly became effective at the United States Patent and Trademark Office (“USPTO”) on December 18, 2021. These changes will …

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TTAB Rules that Reckless Disregard for Truth Rises to Fraud

In Trademarks, TTAB by Stacey Kalamaras

On September 30, 2021, in a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) clarified that “reckless disregard satisfies the requisite intent for fraud on the USPTO in trademark matters.” Chutter, Inc. v. Great Management Group, LLC,2021 USPQ2d 1001 (TTAB 2021). This question was left open by the Federal Circuit in the seminal case of In re Bose. Since …