Prosecution Luncheon November 2014 (No December luncheon)

USPTO Next Generation Identification of Goods and Services Manual (IDM-NG) – advanced searching. Oct version of TMEP New searchable version of the TBMP Jan. ’15: courtesy s 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 In re Flageoli Classic Limited, LLC, Serial No (October 30, 2014) [not precedential].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 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bags and apparel  credible intent Hard Candy Cases, LLC v. Hard Candy, LLC, Opposition No (November 13, 2014) [not precedential].

Keep Your Distance – for 5 Hours? 5-Hour Energy sued N2G for selling “6 Hour Energy Shot”  TM and trade dress infringement  permanent injunction –N2G 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. N2G Distrib., Inc., (6th 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., (7th Cir., 10/23/14)