Opposer, Fruit of the Loom, Inc., owns numerous trademark registrations for its FRUIT OF THE LOOM trademark for clothing, and specifically for underwear. Applicants filed a trademark application for BODY FRUIT for several clothing items, including undergarments. Opposer filed a Notice of Opposition and, not surprisingly, convinced the TTAB to sustain the opposition in […]
Adding a House Mark to a secondary brand similar to someone else’s mark can either increase OR decrease likelihood of confusion depending upon the circumstances.
Applicant, International Intimates Inc., filed for a trademark application for KISS KISS BY INTERNATIONAL INTIMATES INC. for clothing, including undergarments, lingerie and sleepwear. The application was rejected based on U.S. Trademark Registration No. 3434337 for the mark QISS QISS for clothing, including lingerie and sleepwear. The TTAB affirmed the refusal. The first argument Applicant lost
Word mark registrations TRUMP stylized versions; and there really are 3 for 1 specials in trademark law for clothing.
Applicant applied for the following mark incorporating the stylized letters “DF”: for a variety of clothing items. The application was refused registration because of the existence of United States Trademark Registration No. 2827030 for the word mark DF, also for a variety of clothing items, with some overlap with the refused application. The TTAB affirmed […]
Applicant filed for a trademark application for ENDORPHINS for “hats; sweatshirts; t-shirts; tank tops.” (Seriously,…does anyone wear tank tops anymore?) The application was rejected based on U.S. Trademark Registration No. 3927040 for the mark shown below: for a variety of clothing items including hats and t-shirts. The TTAB affirmed the refusal. While this is a […]
Applicant applied for the mark BLAZING SILKS for a variety of clothing products. Applicant also made clear that its products were not made from silk. FIRST STRIKE: Had Applicant’s products been made from silk, the USPTO would have deemed the word “silk” to be merely descriptive and would have required Applicant disclaim “silk” apart […]
Defendant makes cheap looking handbags with the phrase MY OTHER BAG…affixed to one side and an image of a Louis Vuitton bag featuring its famous design pattern on the other side Louis Vuitton sued the Defendant alleging its pattern mark is famous and that the use of this pattern by the Defendant on a handbag […]
The fashion industry is blessed with many ultra-talented designers. And it is quite common for a talented and well-known designer to seek out investors in order to create a brand around the designer’s name. Joseph Abboud and Adriano Goldschmied come to mind as examples. Typically, when a designer and investors team up, a corporate entity […]
Registering the name of a famous living individual can protect the famous name after the individual passes
The Ms. Teresea H. Earnhardt v. Bobby Dale Earnhardt LLC case is also interesting because it is a great example of how to maintain one’s famous name as a trademark after one dies. As a recap of the holding of the case, the Applicant was not able to register BOBBY DALE EARNHARDT as a trademark […]