Intellectual Property Law
New Matter SUMMER 2022, VOLUME 47, EDITION 4
Content
- 2023 New Matter Author Submission Guidelines
- A High Voltage Copyright Matter
- Caredx Inc., the Board of Trustees of the Leland Stanford Junior University V. Natera, Inc. and Eurofins Viracor, Inc.
- Copyright Commons
- Ethics of Social Media For Lawyers: Where Stunting For the Gram Meets Losing Your Bar Card
- Federal Circuit Report
- How Can We Help Our Clients Keep Up With Privacy Laws?
- Intellectual Property Rights and the Russia-ukraine War
- INTELLECTUAL PROPERTY SECTION Executive Committee 2022-2023
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2022-2023
- INTELLECTUAL PROPERTY SECTION New Matter Editorial Board
- Ip and Art: An International Perspective
- Laying Down the Rules of the Road For Joint Ventures To Minimize Trade Secret Misappropriation Risk
- Letter From the Chair
- Letter From the Editor-in-chief
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Table of Contents
- The California Lawyers Association Intellectual Property Alumni
- Trade Secret Report
- Ttab Decisions and Developments
TTAB DECISIONS AND DEVELOPMENTS
Jane Shay Wald
Irell & Manella LLP
If You Must Cede Control To Get Government Perks You Might Lose Trademark Rights, And That’s Just How It Works "Creating" A Mark Gives No Trademark Rights: Zero No Pride In Creation Converts You To Hero
The Board granted a petition for cancellation of the mark CHENOA FUND and design on the basis that the registrant never owned the registered trademark at issue. The Board struck down the mark as void ab initio.
The facts are strange, as is so often the case in Board matters. Here, Respondent is an entity that came up with a mortgage financing program to be run by a Native American tribe. Respondent’s managers claim to be "’thought and market leaders in providing down payment assistance to home buyers.’" It developed "a program to collaborate with a federal, state, or local government agency, namely, a federally recognized Indian tribe, to offer down payment assistance of single family homes that are financed through FHA-insured loans where the down payment would be provided by an agency or corporation of a federally-recognized Indian tribe." Respondent needed a Native American tribe participant in order to get government funding or backing for the loans it would extend.