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Practice notes and watch

News

Short practice notes and a public-record watch of federal trademark suits, TTAB proceedings, and UK or foreign office matters. Longer case reviews are under Analysis. Allegations stay labeled as allegations.

Federal court

Tesla, SpaceX, and SpaceXAI seek a Terafab declaration: complaint allegations only

Tesla, Inc., Space Exploration Technologies Corp., and SpaceXAI LLC filed a complaint for declaratory judgment on September 15, 2026, in the Western District of Texas, Austin Division, No. 1:26-cv-02543, assigned to Judge Andrew B. Davis. The complaint asks the court to declare that their TERAFAB and Terafab use does not infringe TERA-print, LLC's TERA-FAB rights. Those are allegations and a prayer for relief, not findings.

TTAB

TTAB affirms the SNOWY THE MOUSE refusal for plush toys and puzzles

On September 14, 2026, the Trademark Trial and Appeal Board affirmed a Section 2(d) refusal of SNOWY THE MOUSE, Serial No. 98753836, for plush toys and jigsaw puzzles. The Board found confusion likely with the registered mark SNOWY for stuffed toys. The opinion states that it is not a precedent of the TTAB.

Federal court

Virginia health agency sues virginiawic.com under the ACPA: complaint allegations

The Virginia Department of Health filed an in rem complaint on September 24, 2026, in the Eastern District of Virginia, case 1:26-cv-03167. The complaint alleges that virginiawic.com was registered and used in bad faith after VDH's domain-name registration lapsed, and it seeks transfer of the domain under the Anticybersquatting Consumer Protection Act. Those are allegations, not findings.

Federal court

Fricker's sues Frikn Coffee over POWERED BY FRIKN: complaint allegations

Fricker's Progressive Concepts sued Frikn Coffee LLC in the Northern District of Oklahoma on September 24, 2026, case 4:26-cv-00590. The complaint alleges Lanham Act infringement and related claims over the POWERED BY FRIKN mark for coffee-enhanced energy drinks, and it asks the court to cancel U.S. Registration No. 7,108,619. Those are allegations, not findings.

Federal court

Outkast's trademark company sues Ovrkast: complaint allegations only

High Schoolers, LLC sued Silas Wilson (Ovrkast) in the Northern District of Georgia on September 16, 2026, case 1:26-cv-05345. The complaint alleges Lanham Act infringement, dilution, unfair competition, and breach of an alleged settlement to rebrand as OVERKXST. Those are allegations, not findings.

TTAB

TTAB sustains a PET-AGREE opposition on claim preclusion

On September 16, 2026, the Trademark Trial and Appeal Board sustained Opposition No. 91263504. The opinion sustains Mars's claim preclusion claim after PAGS refiled a slightly changed PET-AGREE GROOMING SUPPLIES mark for narrowed wholesale pet-grooming-supply services. The opinion states that it is not a precedent of the TTAB.

UK / foreign

LexisNexis reports the UKIPO invalidated GPT and ChatGPT marks

UK and foreign: LexisNexis IP reporting dated 22 September 2026 says the UK Intellectual Property Office invalidated the GPT and ChatGPT trade marks and rejected OpenAI's opposition to ChainGPT, treating GPT as descriptive for AI software. This note follows that report.

TTAB

Philip Morris cancellation: the TTAB denied a tribal-immunity summary judgment motion

On September 18, 2026, the Trademark Trial and Appeal Board denied the defendants' summary-judgment motion in Cancellation No. 92063134. Bloomberg and Law360 report a first-impression ruling that tribal sovereign immunity does not bar a TTAB challenge to a federal registration. This is not a final cancellation.

Federal court

Crocs sues Five Below over clog trade dress: complaint allegations only

Crocs and Jibbitz sued Five Below in the District of Colorado on September 18, 2026. The complaint alleges that clogs, charms, and a clog-shaped purse infringe Crocs trade dress and related patents. Those are allegations, not findings.

Federal court

New Balance sues Decathlon over a KIPRUN logo: complaint allegations

New Balance Athletics sued Decathlon in the District of Massachusetts on September 15, 2026, case 1:26-cv-14235. The complaint alleges that a KIPRUN logo is likely to be confused with New Balance's N mark and pleads Lanham Act claims. These are allegations in a newly filed suit, not findings.

TTAB

TTAB sustains the Cielo opposition to O EL CIELO VALLE DE GUADALUPE

On September 3, 2026, the Trademark Trial and Appeal Board sustained Opposition No. 91287216. The TTABlog reports that decision as precedential, and reports that the Board found O EL CIELO VALLE DE GUADALUPE for wine likely to be confused with CIELO for wines.

TTAB

TTAB affirms a functionality refusal of green tripod legs

On August 25, 2026, the Trademark Trial and Appeal Board affirmed a functionality refusal of the color green as applied to the legs of construction and surveyor tripods. The application is Serial No. 98404066, In re Dave White's SitePro. The opinion states that it is not a precedent of the TTAB.

USPTO practice

USPTO representation tightened: foreign-domiciled filers need U.S. counsel

If your domicile is outside the United States, the United States Patent and Trademark Office requires a U.S.-licensed attorney on your trademark work. That rule has been in force since August 3, 2019, and it is still the one that catches people off guard.