Tag Archives: trademark action

Longer than a Wait-list for a Birkin Bag… Hermes Loses Trademark Battle

6 Mar

Well over ten years in the making, Hermes has been dealt a losing blow in its battle to get the trademark board to cancel a trademark held by a menswear company in China. “Ai-Ma-Shi” as it is known in China, Hermes has been battling the trademark board to cancel a trademark held by a Guangdong garment factory “aimashi”. Hermes has never used the mark on the mainland, but registered for the mark in 1997. A court recently ruled against Hermes saying that Hermes failed to prove that mark was well-known among mainland customers.

Read the full article here.

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Coach Failed to “Purse”-sue Triumph in Trademark Action

28 Feb

In 2004, Triumph Services, a company that prepares software and books to help prepare students and teachers for standardized tests, filed an application for a stylized COACH mark and design. Coach Services, Inc. has used the COACH mark since 1961 and is a designer/manufacturer of handbags, wallets, sunglasses, watches and luggage. CSI owns 16 incontestable registrations for the COACH mark; all but one issued before Triumph’s application for the mark.

Upon Triumph’s registration for its mark, CSI filed suit based on a likelihood of confusion. The action was dismissed. Recently on appeal, the Federal Circuit affirmed the findings that there was no likelihood of confusion and that CSI failed to show a likelihood of dilution.

A synopsis, and the full opinion, can be found here.

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