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TTAB Issued 55 Precedential Decisions in 2008

The TTAB issued fifty-five (55) precedential decsions in 2008, a slight drop-off from last year's total of 67. Its fraud ruling in University Games (No. 27) and its rulings on the applicant's lack of bona fide intent in the ENYCE (16) and SEX ROD (41) cases may have been the most noteworthy. In the MOSKOVSKAYA vodka case (6), the Board clarified the meaning of "ordinary American purchaser" under the doctrine of foreign equivalents. And in a half-dozen or so procedural rulings, it dealt with various aspects of the TTAB rules as amended in 2007.Section 2(a) - Disparagement:Precedential No. 52: TTAB Affirms 2(a) Disparagement Refusal of "HEEB" for Clothing and Entertainment ServicesPrecedential No. 41: Red Sox See No Humor in "SEX ROD" for Clothing; TTAB Finds Lack of Bona Fide Intent and Deems Mark Vulgar, DisparagingSection 2(a) - Suggesting a False Connection:Precedential No...continue to full post

Full post as published by The TTABlog on January 06, 2009 (boomark / email).