December updates

December 15, 2014

- I'm now part of the Tennessee bar!  The comity request finished processing today.


- We have a new Leo Stoller in the trademark community: Trademark King, Inc.  Trademark King filed "used-based" applications (none of which had a specimen, of course) for over 150 marks, including,,, Halloween Sale, and many more.  Hat-tip to Domain Wire, which was on the story first.  According to Domain Wire's interview, the applicant is apparently under the impression that he'll be able to use the UDRP to acquire relevant domain names.  That obviously isn't going to happen, and each of these applications is (or should) be bounced by the USPTO upon examination.   The King is not dead, but it did waste $42,000 or more in USPTO filing fees.


- Congrats to my friends and client Zillow, which was voted the best large employer by Glassdoor.


- I hope that the Supreme Court doesn't find TTAB proceedings to be (potentially) preclusive of federal court proceedings about the same mark.  Oral arguments in the B&B case are available at Oyez.  The stakes and rules in federal court litigation and TTAB oppositions and cancellations are different for a reason, and it would be a mistake to provide an incentive for parties to treat administrative disputes at the Board as in the same way they treat federal court litigation, driving up discovery costs and, likely, further slowing down the Board with additional motion practice.

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