Tag: genericness
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Deltona v. NOCO: Keyword Bidding, Source Confusion, and the Limits of Trademark Control
The Eleventh Circuit’s published decision in Deltona Transformer Corp. v. The NOCO Co., No. 24-13590 (11th Cir. Aug. 4, 2026), does more than add another appellate case on competitive keyword advertising. It separates several questions that Internet trademark cases often collapse: whether buying a rival’s mark as an advertising trigger is actionable trademark use, whether…
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In re Bayou Grande Coffee Roasting Co.: When a Beverage Name Is Neither Generic Nor Descriptive
On December 9, 2025, the Federal Circuit issued a sharp rebuke to the Trademark Trial and Appeal Board’s refusal to register the mark KAHWA for café and coffee shop services. In In re Bayou Grande Coffee Roasting Co., No. 2024-1118 (Fed. Cir. Dec. 9, 2025), the court reversed the Board’s findings of genericness and mere…
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In re PT Medisafe Technologies: Federal Circuit Affirms Color Mark as Generic
In In re PT Medisafe Technologies, No. 23-1573 (Fed. Cir. Apr. 29, 2025), the Federal Circuit affirmed the PTAB’s refusal to register a dark green color mark for medical examination gloves, concluding that the color was generic and not eligible for trademark protection. Background Medisafe, a manufacturer and distributor of medical gloves, sought to register…
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Trademark Showdown: Bullshine Distillery v. Sazerac Brands and the FIREBALL Controversy
On March 12, 2025, the Federal Circuit handed down its decision in Bullshine Distillery LLC v. Sazerac Brands, LLC, a case that highlights fundamental principles in trademark law, particularly the concepts of genericness and likelihood of confusion under the Lanham Act. The court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that Sazerac’s FIREBALL…