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Originally Posted by LessinSF
Hank, your field gets all the fun cases. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://business.cch.com/ipld/InreGatsbyTTAB20240607.pdf
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The Nanny State of this aspect of Trademark law is silly. But yes, it would be fun to be on this file. The best argument the applicant has is that SHIT is shown as bolder on their specimen. I'd refile as a design mark with that emphasized. The TTAB relied upon that to support the refusal but I'd turn it back on them. FWIW I think this will be reversed.
I've never had the pleasure of being on anything like this one. The best I've had is the Kafkaesque Patent Appeals Board matter focusing on whether an "-" in an obscure 1975 Japanese language technical document was a hyphen or a negative sign. With a dep at GGG's law office! RIP
The next would be a patent lawsuit with two patents. Convention is to refer to them by the last three numbers, one was '565 which was more important. The other was '420. At argument I focused on '565, but then ask the Judge "may I move on to '420?" Corny but a fun little thing.
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