The jewelry sells for a few thousand dollars, a few hundred thousand dollars and, in some cases, a few million dollars. Both companies sell high-end jewelry with particularly large gemstones, large numbers of gemstones, or both. Harry’s son Bruce Winston is the chairman of the corporation, Bruce Winston Gem Corp., which was formed in 2002 (long after Harry Winston’s death in 1978). has used the marks WINSTON and HARRY WINSTON in connection with jewelry, and owns several registrations incorporating those marks. Harry Winston is one of the most well-known names in fine jewelry. has prevailed in its opposition to registration of BRUCE WINSTON, the name of Harry Winston’s son. 91187787 (July 16, 2014, United States Court of Appeals for the Federal Circuit). When a trademark is not a recognized word, and the weight of the evidence supports a finding for a particular pronunciation, the Court held it is error for the Board to ignore that evidence entirely and supply its own pronunciation. There is no correct pronunciation of a trademark that is not a recognized word. The Board gave little weight to StonCor’s evidence that suggested consumers would pronounce “STON” as “stone.” The Federal Circuit found the Board’s pronunciation analysis was not supported by substantial evidence. The Board found that the spelling of “STON” dictated that the “o” would be pronounced with a short vowel sound, as in the word “on.” Based on this pronunciation, the Board found there was a dissimilarity in pronunciation between STONSHIELD and ARMORSTONE. The Federal Circuit ruled that although the Board erred in part of its analysis, the error was harmless because the dismissal was supported by substantial evidence and in accordance with the law, and thus, affirmed the ruling. The Board dismissed the opposition finding no likelihood of confusion. StonCor Group opposed registration of the mark ARMORSTONE, asserting likelihood of confusion with StonCor’s registered mark STONSHIELD. ĭespite the Board’s Error in Analyzing Pronunciation, STONSHIELD is Still Held Not Similar to ARMORSTONE In re ActiveVideo Networks, Inc., Serial No. The Board also affirmed the alternative refusal that the mark is merely descriptive and has not acquired distinctiveness. The Board found the PTO met the burden of demonstrating by clear and convincing evidence that the relevant public perceive “CloudTV” to be a generic term for television provided through a video-on-demand service to consumers having screens connected to the Internet.ĭespite the applicant’s assertion that “CloudTV” cannot be generic because the applicant coined the term, the Board found that “CloudTV” names the “central focus” or “key aspect” of the applicant’s goods and services, and thus, is generic. The Board noted that a term that was once distinctive, may become generic. In response, the Board noted that rapid innovation in relation to online video streaming, interactive television and video-on-demand has led to quick adoption of terms, like cloud, by consumers. The applicant also argued that the PTO has permitted numerous similar marks for computer software and related services to register. In fact, the evidence showed the applicant repeatedly used the term “cloud” to describe its own goods and services. The Board disagreed with the applicant’s attempts to demonstrate that “cloud” is an ambiguous term when considered in conjunction with its goods and services. On appeal, the Trademark and Trial Appeal Board (“Board”) confirmed the Examining Attorney’s refusal. The Patent and Trademark Office (“PTO”) Examining Attorney refused registration on the ground that the term is generic and, alternatively, that the mark is merely descriptive and has not acquired distinctiveness. “CloudTV” is Held to Be Generic and Fully Available for UseĪctiveVideo Networks sought to register CLOUDTV for interactive, television content-based services offered by cable and satellite television providers to television customers. Automotive, Transportation & Power Sports.
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