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The Top Ten TTAB Decisions of 2010 (Part II)

In Part II of this compilation [Part I was TTABlogged here yesterday], the second quintet of TTAB cases includes two interesting genericness rulings: the THUMBDRIVE decision in particular catching many by surprise. In a procedural tussle, the Board found that an Opposer's attempt to amend its pleading ran afoul of the prohibition on adding new grounds in a "Madrid opposition." The Board rejected a supposed "noncommercial use" defense to a claim of dilution. And in a long and instructive decision it dismissed likelihood of dilution and confusion claims based on the famous CITIBANK mark. [Additional commentary may be found at the corresponding TTABlog posting].American Express Marketing & Development Corp. v. Gilad Development Corporation, 94 USPQ2d 1294 (TTAB 2010) [precedential]...continue to full post

Full post as published by The TTABlog on January 28, 2011 (boomark / email).