Decisions · 88621608
In re Gail Weiss
Serial No. 88621608 · Decided 2024-07-31 · Other
What happened
The Board affirmed the refusal to register GABBY’S TABLE for computerized on-line retail store services featuring food, cookware, and culinary/lifestyle books, magazines and videos, because the website specimen showed only product recommendations whose ‘BUY NOW’ buttons redirect shoppers to third-party retailers such as Amazon — an affiliate referral service — rather than an online store where consumers can buy goods from the applicant.
The marks
Applicant
GABBY'S TABLE
Computerized on-line retail store services in the field of food, cooking utensils, cookware, culinary arts cookbooks, magazines and videos, and lifestyle books, magazines and videos (Class 35)
Why this decision is significant
Precedential decision squarely holding that an Amazon Associates-style affiliate/referral website — product recommendations with BUY NOW buttons redirecting to third-party retailers, with no shopping cart, pricing, or shipping information — cannot support registration for on-line retail store services. Highly citable for specimen refusals involving influencer and affiliate-marketing business models, though it applies settled direct-association law rather than announcing a new test.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
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The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
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