Fans of video games may remember the Killer Instinct series, which first made an appearance in the arcades in 1994 and was ultimately ported to numerous home consoles. The last iteration of the series appeared in 1996 on the Nintendo 64 and, since that time, the series has sat dormant. In September of this year, however, Microsoft indicated its intent to revive the series by filing for trademark registration of the KILLER INSTINCT trademark with the United States Patent and Trademark Office.
Unfortunately, Microsoft’s application was denied on a §2(d) basis, that is, because it is likely to cause confusion with another mark registered with the USPTO. This denial, issued via USPTO Office Action, is not a permanent denial, however, as Microsoft has a period of six months to argue that its KILLER INSTINCT mark is not likely to cause confusion with the registration cited in the examining attorney’s office action. That is good news, as the registered mark that precluded Microsoft’s application is KILLER INSTINCT, a failed television drama, which aired for one season in 2005.
Office Action denials based on a likelihood of confusion are common, which is why it is important have a skilled attorney file for registration of your trademark. Presumably, Microsoft should be able to overcome this denial through skillful research and advocacy.
The Federal Trade Commission (FTC) has issued final amendments to its trade regulation rule concerning negative option plans, also known as the “click to cancel rule.” This rule aims to address widespread deceptive practices that prohibit customers from cancelling services in the same manner in which they signed up. Here’s a detailed summary of the […]
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Introduction Being an ecommerce merchant is hard; you have to keep an eye on your advertising spend, control your inventory, and make sure your customers are happy. Additionally, you also have to navigate a complex landscape of legal responsibilities. One of these areas, which is often overlooked, is product liability. Product liability law holds manufacturers, […]
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Introduction In our increasingly digital world, the significance of internet privacy is paramount. Internet privacy attorneys are essential in safeguarding the rights of individuals and organizations against various privacy-related challenges. This blog post delves into the key issues these attorneys address. Data Breaches and Cybersecurity Data breaches occur when sensitive information is accessed or disclosed […]
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