Intellectual Property Owners Association

Serving the Global Intellectual Property Community

ReadMore

IPO Daily News™

Friday, 16 November 2018

16 November 2018

* *USPTO ERRED IN CONSIDERING TRADEMARKS’ FAME, THIRD-PARTY USAGE IN LIKELIHOOD OF CONFUSION ANALYSIS

Omaha Steaks Int’l v. Greater Omaha Packing Co., 18-1152 — Yesterday in an opinion by Chief Judge PROST, the Federal Circuit vacated the USPTO’s dismissal of Omaha Steaks’ trademark opposition. GOP sought to register “GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF” for meat. Omaha Steaks argued that the registration was likely to cause confusion with its previously registered marks featuring the words “Omaha Steaks” and that the USPTO erred in analyzing its marks’ fame.

The Federal Circuit said the UPSTO “took an overly restricted view” in disregarding advertising expenses and sales volume as evidence of the fame of Omaha Steaks’ marks’ fame because the figures lacked context, such as “how they translate into evidence of market share.” To the contrary, the USPTO’s “own factual findings” confirmed that “Omaha Steaks provided considerable contextual evidence of the type of advertisements and promotions it uses to gain sales” and that “the consuming public has been regularly exposed to Omaha Steaks’ marks on a nationwide basis.” Evidence of market share was merely a means of providing context and was not required under the Court’s precedent. The USPTO also erred in considering third-party marks on dissimilar goods to reach the conclusion that “OMAHA” could be viewed as indicating geographic location or origin.
(1 to 4 stars rate impact of opinion on patent & trademark law)

IPO PARTICIPATES IN ID5 ANNUAL MEETING

NED McMAHON (Ohlandt, Greeley, Ruggiero & Perle, LLP), a member of IPO’s Industrial Designs Committee, recently attended the ID5 Annual Meeting in Seoul, Korea on behalf of IPO. The ID5 is a venue for cooperative efforts between governments on industrial design issues. It involves China’s National Intellectual Property Administration, the European Union Intellectual Property Office, the Japan Patent Office, the Korean Intellectual Property Office, and the USPTO. At the Annual Meeting, ID5 representatives presented to user groups regarding five existing cooperation projects, as well as new projects that will be undertaken by the ID5 next year. The user groups spoke about improving the design protection process to address new and emerging technologies.

IPO EDUCATION FOUNDATION HONORS 2018 INVENTOR OF THE YEAR

The 2018 Inventor of the Year Award will be presented to DAVID HALL, Founder and CEO of Velodyne LiDAR. Mr. Hall is a pioneer in the self-driving auto industry, having invented real-time 3D LiDAR for autonomous vehicles. Join us to honor and celebrate him at the IPO Education Foundation Awards Dinner on 11 December 2018 at the National Building Museum in Washington, D.C. Tickets and tables are available at IPOEF.org/FAD18.

IP IN THE MASS MEDIA

The Weeknd Sued for Trademark Infringement on Starboy Comic Book

Yesterday Forbes reported that THE WEEKND was sued by EYMUN TALASAZAN for trademark infringement. The comic book writer claims that the Starboy comic book released by the musician and Marvel infringes his registered trademark for a comic book superhero named Starboy.


Law & Advocacy

Friday, February 21, 2014

2014 USPTO BUDGET WILL ALLOW HIRING, SATELLITE OFFICES

During the quarterly meeting of the USPTO’s Patent Public Advisory Committee (PPAC), Chief Financial Officer TONY SCARDINO reported that the 2014 appropriations bill signed in January funds the USPTO at $3.024 billion – $90.8 million above the fiscal 2013 enacted level and $238.3 million above the fiscal 2013 sequestration level. The budget will allow the USPTO to hire 1,000 patent examiners and 63 administrative patent judges and provides funding related to opening satellite offices in San Jose, Denver, and Dallas. Projected 2014 spending is estimated at $2.948 billion. The White House will release its fiscal 2015 budget on March 4.


Member Advertisement



memberchallengessquare2017-03