As we reported in our July 7, 2020 blog post on the USPTO v. Booking.com B.V decision, the U.S. Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not automatically generic and can be protected as a trademark under certain circumstances. Now, the U.S. Trademark Office has issued an Examination Guide providing guidance on how it intends to apply that ruling to the examination of applications for these types of proposed trademarks.
Playboy Enterprises, Inc. has filed a lawsuit in the U.S. District Court for the Central District of California against Fashion Nova, Inc. for infringing Playboy’s world-famous Playboy BUNNY COSTUME design (the “BUNNY COSTUME ® ”).
Zoom Video Communications Inc.’s new “Zapps” function for integrating third-party apps infringes Zapier Inc.’s trademarks covering similar services, according to a complaint filed Monday in San Francisco federal court.
WhatsApp Inc. has filed an opposition to WhatsPay doing business as OmegaSoft Technology LLC’s proposed “WHATSPAY” trademark and accompanying design. After extending its deadline to file the opposition, WhatsApp contended that the filing before the Trademark Trial and Appeal Board (TTAB) is timely.The opposition stated that OmegaSoft is a South Carolina company. It allegedly filed an application in January, seeking to use its WHATSPAY trademark for “downloadable computer software for use as an electronic wallet.”
Opposition
Number: 91265489 Filing Date: 10/19/2020
Status: Pending Status Date: 10/19/2020
ESTTA Tracking number: ESTTA1089623
Grounds for Opposition
Priority and likelihood of confusion Trademark Act Section 2(d)
No use of mark in commerce before application or amendment to allege use was filed Trademark Act Sections 1(a) and (c)
False suggestion of a connection with persons,living or dead, institutions, beliefs, or national symbols, or brings them into contempt, or disrepute Trademark Act Section 2(a)