For purposes of the Lanham Act’s fee-shifting provision, “exceptional” cases are those that stand out from others in the manner set forth for Patent Act fee awards in the Supreme Court’s holding in Octane Fitness, the U.S. Court of Appeals in New York City has held, joining several other circuit courts. The Second Circuit vacated…

The Trademark Trail and Appeal Board erred in finding that there is no likelihood of confusion between Omaha Steaks International’s over two dozen registered marks, each containing the words “Omaha Steaks,” and Greater Omaha Packing Company’s applied for GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF mark (the Opposed Mark), the U.S. Court of Appeals for…

Plaintiff Sturgis Motorcycle Rally, Inc. (“SMRI”) did not provide the jury with sufficient proof that its unregistered marks “Sturgis,” “Sturgis Motorcycle Rally,” and “Sturgis Rally & Races” marks were valid marks that acquired secondary meaning, the United States Court of Appeals for the Eighth Circuit has ruled, reversing a district court’s judgment that a gift…

In an opposition proceeding brought by Frito-Lay North America against Real Foods Pty Ltd., the Trademark Trial and Appeal Board properly determined that the marks CORN THINS and RICE THINS were highly descriptive of their respective goods—”crispbread slices predominantly of corn, namely popped corn cakes” and “crispbread slices primarily made of rice, namely rice cakes”—and…

The U.S. Court of Appeals for the Sixth Circuit upheld the dismissal of a trademark infringement suit filed by a Nashville restaurant called “The Row Kitchen and Pub” against a competing restaurant named “Dierks Bentley’s Whiskey Row.” Although the restaurants were direct competitors serving tourists visiting Nashville’s Music Row; offered inexpensive, pub-style food and drinks…