Trademark Owners, Watch Out! USPTO Getting Strict On Trademark Specimens

In order to register a trademark based on use in commerce, or to renew a registration based on a foreign or international registration, trademark owners are required to verify that the mark is in use in U.S. commerce with all goods or services listed in the application or registration. In addition, the mark owner must file proof of use (a “specimen”) that demonstrates use of the mark in commerce in connection with at least […]

By | September 23rd, 2019 ||

Trademark Licensees May No Longer Need To Fear Rejection (In Bankruptcy)

In Mission Prod. Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court issued an opinion at the intersection of trademark and bankruptcy law. The Court resolved a circuit split on the issue of whether the “rejection” of a trademark license agreement by the licensor under Section 365(a) of the U.S. Bankruptcy Code (the Code) bars the licensee from continuing to use the trademark. Justice Kagan, writing for an 8-1 Court, answered with a resounding “No.”
BACKGROUND
In […]

By | August 28th, 2019 ||

Uber Clashes With New Beauty App Over Trademark

A Florida business owner will face off against ride-sharing giant Uber over claims that her new beauty app “BeauBer” infringes the company’s trademark.

Carolina Vengoechea began developing BeauBer—a play on her two job titles, beautician and barber—in 2018 to help her customers book salon appointments more easily. She told the New York Post that Uber is now demanding she give up the app’s name, arguing it attempts to capitalize on the Uber brand.

In recent years, Uber has […]

By | August 28th, 2019 ||