Seattle Trademark LawyerSeattle Trademark LawyerReports on trademark law developments from Seattle and beyond, including trademark infringement, dilution, cybersquatting, false designation of origin, and UDRP issues. 
Articles
How to Find the Right Expert Witness for Your Trademark Case
2008-04-25 05:18:00 Expert witnesses can be hugely important in trademark cases. Particularly through survey evidence, they can help establish if a mark is generic (and hence unprotectable); that a descriptive mark has acquired secondary meaning (and therefore is protectable); that a mark has actually confused or is likely to confuse consumers with another mark; that a mark is famous; and that one user’s mark is likely to cause dilution by blurring or dilution by tarnishment. Experts also can help establish the opposite of these propositions.So how do you find a capable trademark law expert? Here’s what I’ve come up with. First, check out trademark cases in which expert testimony has been offered. Find cases like yours. If neither the opposing side nor the court has blasted holes in the expert’s methodology, there’s a good chance they know what they’re doing. Second, ask around. The INTA list serve and other trademark law practitioners would be a ... More About: Witness , Case , Expert , Trademark
KCBA Members to Discuss Amendments to Right of Publicity Statute
2008-04-24 05:54:00 Still wondering about the new amendments to Washington’s right of publicity statute? You don’t have to be alone. On May 1, the King County Bar Association’s Intellectual Property Section will host a brown-bag lunch program on “Emerging Issues in Right of Publicity Law.” Panelists Bob Cumbow, Mel Simburg, David Green, and I will throw in our two cents and hopefully get a good discussion going. (For background, see STL posts on the amended statute here and here.) Here’s the teaser the IP Section sent out: “Washington and California have recently amended their right of publicity laws in reaction to important rulings last year involving the publicity rights of Jimi Hendrix and Marilyn Monroe. New York has considered and expressly rejected similar legislation, leaving that state (the domicile of both Hendrix and Monroe at the times of their deaths) as one that does not recognize descendible rights of publicity. Where does this leav... More About: Right of Publicity , Members
Seattle-Based McSweet Faces McDonald's in TTAB Opposition Proceeding
2008-04-22 05:45:00 On Friday, the Puget Sound Business Journal ran a story about a Trademark Trial and Appeal Board case involving Maple Valley, Wash.-based McSweet LLC. McSweet, which has sold MCSWEET-branded pickled cocktail onions for almost 20 years, decided to apply to register its mark with the Patent and Trademark Office. That’s when McDonald’s Corp. stepped in to oppose. McDonald’s alleges that MCSWEET infringes and dilutes its family of famous MCDONALD’S trademarks, including MC, MCCAFE, MCPIZZA, MCRIB, MCMUFFIN, MCFLURRY, and others. McSweet denies the allegations.The article says McDonald’s offered to consent to allow McSweet to continue to use MCSWEET if McSweet dropped its application to register the mark. McSweet reportedly refused.The article quotes me as saying: “If you have a famous trademark like McDonald’s, it casts a long shadow that others have to avoid with their trademarks.... More About: Seattle , Faces
Two More Regional Trademark Law Blogs Worth Checking Out
2008-04-21 01:32:00 I think it’s a great model. Pick a geographic region, and try to cover it well. In recent weeks I’ve come across two regional trademark law blogs that embrace this approach. Both are well worth checking out.First is the Maryland Intellectual Property Law Blog. Sure, it’s not only about trademarks, but publisher Brian Higgins offers plenty of interest for those who practice in our area. I particularly like his statistical analysis of new trademark filings — both in federal court and with the Patent and Trademark Office (with sweet bar graphs — I’ve got to figure out how to do that). Good Maryland case summaries too. No wonder this blog has become so popular.The other is the Los Angeles Intellectual Property Trademark Attorney Blog, published by Milord Keshishian. This blog helps practitioners stay on top of active trademark happenings in southern California. (Indeed, according to the Maryland Intellectual Property Law ... More About: Regional , Blogs , Worth
Unscrupulous Companies Target Unsuspecting Trademark Owners
2008-04-17 05:19:00 This morning, a client forwarded me an email it received from a company ostensibly doing business in China. The email read as follows:RE: Intellectual property rightsDear CEO,We are the domain name registration organization in Asia, which mainly deal with international company’s in Asia. We have something important we need to confirm with your company. On the April 14, 2008, we received an application formally. One company named [Fake Company] wanted to register following Domain names:clientstrademark.asiaclientstradema rk.cnclientstrademark.com.cnclientstradem ark.com.hkclientstrademark.com.twclientst rademark.hkclientstrademark.twInternet Trademark : clientstrademarkthrough our body.After our initial examination, we found that the keywords and domain names applied for registration are the same as your company’s name and trademark. These days we are dealing with it. If you do not know this company, we doubt that they have aims other than to buy thes... More About: Companies , Spam , Target , Owners
Ninth Circuit Finds Counterfeiting Constitutes Crime of Moral Turpitude
2008-04-16 04:48:00 Senegal citizen Elimane Tall got involved in counterfeiting. In 2003, he pled guilty to one count of “counterfeit of a registered mark” in violation of California Penal Code § 350(a)(2), which imposes criminal penalties on any person who “willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit of a mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office…” In 2004, Mr. Tall pleaded guilty to nine new counts of “counterfeit of a registered mark” and one count of “counterfeit of a registered mark with a prior,” which landed him in prison. After serving his time, the U.S. Department of Homeland Security sought to have him deported under the Immigration and Nationality Act as an alien convicted of a crime of “moral turpitude.” The immigration judge adopted the government’s position that “fraud ... More About: Crime , Counterfeiting , Circuit , Moral
Five-Year Delay May Cut Off Trademark Infringement Damages, But Not Claim
2008-04-14 06:18:00 In Sonoma Foods, Inc. v. Sonoma Cheese Factory, LLC, plaintiff cheese maker sued defendant cheese maker in the Northern District of California. At issue was Sonoma Cheese Factory’s use of Sonoma Foods’ registered trademarks, SONOMA CHEESE FACTORY and DESIGN and SONOMA JACK (the “Bull Trademark s”), allegedly constituting infringement and a false description or passing off. According to Sonoma Cheese Factory, before December 31, 2001, Sonoma Foods owned and operated the Sonoma Cheese Factory retail store. On that date, the corporation was restructured; Sonoma Cheese Factory, LLC, was formed; and Sonoma Foods transferred the retail store to the new entity. When Sonoma Cheese Factory acquired the store, it continued to use the same signs and packaging that Sonoma Foods had used. It is that use about which Sonoma Foods complains. Two Photos Sonoma Cheese Factory submitted in support of its motion for part... More About: Infringement , Civil Procedure , Damages , Year
Peso's Sues Matador in Rare Seattle Restaurant Trade Dress Case
2008-04-11 06:54:00 The owner of Peso’s Kitchen and Lounge (top) has sued the owner of The Matador restaurant for trade dress infringement, including themetal work shown above, allegedly made by the same designer.Last year, El Diablo, Inc. filed suit for trade dress infringement in King County Superior Court against Mel-Opp & Griff LLC and other defendants alleging confusing similarity between the look-and-feel of the parties’ competing Mexican/Tex-Mex restaurants and bars. El Diablo owns Peso’s Kitchen and Lounge in lower Queen Anne. Mel-Opp & Griff owns The Matador, located in Ballard, West Seattle , Redmond, Tacoma, and Portland, Oregon.El Diablo claims that its former employees and independent contractors jumped ship and opened The Matador, copying what it considers to be its distinctive trade dress, which it describes in part as follows: “ornamentation, designs, and decorative elements in sconces, lighting, chandeliers, wa... More About: Restaurant , Dress , Trade , Case
Washington Mimics California's Response to Marilyn Monroe Publicity Decisio
2008-04-09 06:17:00 Speaking of rights of publicity (see April 6 post here), the New York Times yesterday ran a piece on Marilyn Monroe ’s right of publicity, or lack thereof. Similar to the Western District’s and Ninth Circuit’s decisions involving the Estate of Jimi Hendrix, the Central District of California found Ms. Monroe either was a resident of New York or California at the time she died. (In Mr. Hendrix’s case, the Western District and Ninth Circuit found he was a resident of New York.) Either way, the court found, Ms. Monroe’s right of publicity did not descend to her heirs because the statutes in those states did not recognize that rights of publicity survived a person’s death.In response, the California legislature amended its statute to recognize the descendability of such a right. Sound familiar? This is similar to what the Washington legislature did last month in response to ... More About: Publicity , Right of Publicity
Yacht Maker Sues Competitor Over ALEUTIAN Trademark
2008-04-08 06:30:00 On April 2, Seattle-based Grand Banks Yachts Pte. Ltd. filed a trademark infringement suit in the Western District against Tacoma-based Aleutian Yachts, LLC. At issue is the parties’ use of ALEUTIAN in connection with their competing yacht building businesses. The complaint alleges that Aleutian’s use of its ALEUTIAN mark is “likely to lead consumers to mistakenly conclude that the yachts marketed and sold by defendants were exclusively or jointly built by, licensed or certified by, or otherwise sponsored or approved by Grand Banks, or that [Aleutian’s] products or websites are somehow affiliated, connected, or associated with Grand Banks.” Grand Banks also alleges that Aleutian wrongly registered the aleutianyachts.com domain name. Aleutian has not yet filed its answer. The case cite is Grand Banks Yachts Pte. Ltd. v. Aleutian Yachts, LLC, No. 08-513 (W.D. Wash.). More About: Maker , Trademark
Amended Right of Publicity Statute Could Have Remarkable Impact on Litigati
2008-04-07 06:59:00 As stated in my previous post, last month our legislature amended Washington’s right of publicity statute, RCW 63.60.010, et seq. Effective June 12, 2008, the amendment clarifies that the right of publicity in Washington continues after a person’s death, regardless of where the person died, and regardless of whether the jurisdiction where the person died recognized such a right at the time of their death. Assuming personal jurisdiction is satisfied, it also seems to give any person anywhere (whether the person is living or dead, or ever set foot in Washington) a cause of action in Washington for violating his or her right of publicity. The amendment, Substitute House Bill 2727, passed the House 94-0 and the Senate 46-0. It was signed by Governor Christine Gregoire on March 19. The amended RCW 63.60.010 provides: Every individual or personality ((, as the case may be)) has a property right in the use of his or her name, voice, signature, photograp... More About: Publicity , Right of Publicity
No, Right of Publicity Statutes Prevent You from Using Britney's Face
2008-04-04 05:13:00 In the wake of American Apparel’s billboards featuring Woody Allen, and Mr. Allen’s lawsuit in response thereto, Mainstreet.com asks, “Can You Use Britney’s Face To Promote Your Bake Sale?” The short answer is no, not without her permission. The piece cites me as saying statutory and common law rights of publicity tend to protect celebrities and ordinary folks alike from the “un-consented use of someone?s name, voice, signature, and likeness and, it doesn?t only protect celebrities.” ?Celebrities usually deal with these issues the most because their images are everywhere but the law protects all people.? The reporter asked an interesting question that didn’t make it into print: how can celebrities protect themselves from having their right of publicity violated? I thought that was a darn good question. Here’s my response: the celebrity should (1) establish a strong licensing program that he or she ... More About: Publicity , Right of Publicity
30 Years of Seattle Mariners Trademarks
2008-04-02 06:05:00 As I write this, the Seattle Mariners are 1-0 in the 2008 season. At this rate, they’ll not only make the playoffs for the first time in seven years — they’ll win the World Series with an undefeated record. Ah, the optimism a new season brings. In recognition of this special time, I thought it would be fun to look at my ball team’s registered trademarks over the years. Turns out they have had 18 total applications and registrations, with eight currently listed as “live.” Only three real logos of note, which roughly divide my years as a kid, teenager, and lawyer. Let’s hope the current one brings them luck this year. More About: Seattle Mariners , Years , Trademarks
Ninth Circuit Finds Endorsement No Reason to Dismiss Advertising Injury Cas
2008-04-01 06:11:00 Ex-members of The Doors and surviving relatives of Jim Morrision sued Ray Manzarek, a founding member of The Doors, and Doors Touring, Inc., in two lawsuits, alleging that Mr. Manzarek and his new band were liable for infringing THE DOORS name, trademark, and logo in conjunction with their planned national and international tours. Mr. Manzarek’s defense fees and costs in those suits exceeded $3 million.St. Paul Fire & Marine Insurance Co. insured Mr. Manzarek under a commercial general liability policy and Mr. Manzarek, DTI, and another band member under a second CGL policy. Mr. Manzarek and the other insureds claimed they were entitled to coverage under the policies’ “advertising injury” provisions.Mr. Manzarek and DTI sued St. Paul in California state court after St. Paul refused to defend or indemnify them based on a “Field of Entertainment Endorsement” (FELE) that excepted from coverage advertising injury... More About: Advertising , Injury , Reason , Circuit
Hazelden Band Name Dispute Pits Drug Treatment Center Against Indie Rockers
2008-03-31 07:21:00 This month, Los Angeles-based indie rock band Hazelden received a cease-and-desist letter from the Minnesota-based drug and alcohol treatment center of the same name. The Hazelden Foundation claims the band has infringed and diluted its HAZELDEN family of registered trademarks.The Hazelden Foundation particularly objects to the “derogatory drug-related, stage named singer, Mary Jane Snow.” Its cease-and-desist letter states:“We demand that you immediately cease and desist all use and reference to the registered mark HAZELDEN together with any other derivative names (i.e., Hazeldon, etc.) and acknowledge your willingness to do so within seven days of receipt of this letter.“Alternatively, should you not cease your infringement of Hazelden Foundation’s mark and acknowledge your willingness to do so, we will bring a Federal District Court action against you under the Federal Lanham Act for trademark and service mark infringement, diluti... More About: Band , Treatment , Indie , Center , Drug
Derek Andrew Settles TWISTED HEART Trademark Suit with Chrome Hearts
2008-03-27 04:26:00 In November 2007, Bellevue-based clothier Derek Andrew , Inc., filed suit against California-based jeweler and clothier Chrome Heart s, Inc. Derek Andrew sought a declaratory judgment from the Western District that its TWISTED HEART line of clothing does not infringe Chrome Hearts ’ CHROME HEARTS registered fleur de lis design marks, among other claims.Today, the parties officially made nice. Derek Andrew filed a Notice of Dismissal stating that “this matter has settled and that this action and all claims herein may be dismissed without prejudice and without costs to either party.”The case cite is Derek Andrew, Inc. v. Chrome Hearts, Inc., No. 07-1830 (W.D. Wash. 2008). More About: Trademark
Derek Andrew Settles TWISTED HEART Suit with Chrome Hearts
2008-03-27 04:26:00 In November 2007, Bellevue-based clothier Derek Andrew , Inc., filed suit against California-based jeweler and clothier Chrome Heart s, Inc. Derek Andrew sought a declaratory judgment from the Western District that its TWISTED HEART line of clothing does not infringe Chrome Hearts ’ CHROME HEARTS registered fleur de lis design marks, among other claims.Today, the parties officially made nice. Derek Andrew filed a Notice of Dismissal stating that “this matter has settled and that this action and all claims herein may be dismissed without prejudice and without costs to either party.”The case cite is Derek Andrew, Inc. v. Chrome Hearts, Inc., No. 07-1830 (W.D. Wash. 2008). More About: Suit
New Interpretation Speeds Resolution of Trademark Disputes in China
2008-03-26 02:32:00 Effective March 1, the judicial committee of the Supreme People’s Court of the People’s Republic of China adopted a new judicial interpretation speeding the time for courts to resolve trademark disputes and giving the owners of famous trade names and trademarks the ability to sue those who register the same or similar names or marks.Beijing-based Wisdom IP Services recently translated the New Judicial Interpretation on Civil Disputes Over Registered Trademark s, Company Names and Conflicts of Prior Rights as follows: “Objective: To correctly try cases of civil disputes over Registered Trademarks, Company Names and Conflicts of Certain Prior Rights, by taking judicial practices into account, New Judicial Interpretation are formulated in accordance with the Civil Procedure Act of PRC, the General Principles of the Civil Law of PRC, the Trademark Law of PRC, the Anti-unfair Competition Law of PRC and other relevant laws.“Article 1. For a ... More About: Resolution
Western District Finds Lanham Act Claim Deficient But Allows it to be Amend
2008-03-24 02:28:00 In the Western District case of Teragren, LLC v. Smith & Fong Co., the parties are competing bamboo floor paneling processors. Smith & Fong responded to Teragren’s complaint for patent infringement by asserting six counterclaims, including that Teragren was liable for making false statements that amounted to unfair competition prohibited by the Lanham Act.Teragren moved to dismiss Smith & Fong’s counterclaims, including its unfair competition claim. In particular, Teragren argued: “Defendant never asserts that Teragren’s descriptions or representations were made in promotions or advertising or that Teragren’s alleged ‘statements’ cause confusion, mistake, or deceive as to the affiliation, connection, association, origin, sponsorship, or approval of goods, services, or commercial activities. As such, defendant’s allegations never even suggest likelihood of confusion by the public, which is required to assert a clai...
Western District: Read the Local Rules, then Seek a Settlement Judge
2008-03-20 04:24:00 The parties in Carey Licensing, Inc. v. Sandler have had a little trouble trying to book a Western District magistrate judge for a settlement conference in their trademark infringement and cybersquatting case. But as the Western District reminded them this week, magistrate judges don’t participate in settlement conferences — only parties do. The court’s minute order serves as a good reminder as to the difference between settlement conferences, mediations, and judicial settlement conferences. And, of course, to follow the local rules:“The court has been notified that counsel for both parties in this action have attempted to contact one or more magistrate judges to schedule a settlement conference. In doing so, the parties have ignored the court’s previously issued scheduling orders, and have ignored the court’s local rules.“The court’s most recent scheduling order requires the parties to complete a ‘Settle... More About: Judge , Read , Local , Rules
Champagne Region Expands in Order to Expand Vintners' Profits
2008-03-19 05:27:00 Champagne sparkling wine only comes from the Champagne region of France, right? Until the Champagne region of France moves, that is. The Institut national de l’origine et de la qualite, which governs the Appellation d’Origine Controlee designation for Champagne, is set to expand the appellation’s boundaries, which currently spans 319 villages in north-eastern France. What wasn’t “true” Champagne will soon be the real McCoy. In other words, vineyards that arbitrarily got the stamp of approval soon will be joined by new vineyards that also arbitrarily get the stamp of approval. The reason behind the move? Increased demand for Champagne in Russia and China.Of course, this is great news for neighboring viticulturalists. A French official was quoted as saying: “If your vines fall on the wrong side of the divide, they will be worth 5,000 euros a hectare. On the other side they will be wor... More About: Champagne , Profits , Order , Region
Federal Courts Release Report on 2007 Case Statistics
2008-03-18 05:43:00 Last week, the Administrative Office of the United States Courts released its annual report on the “Judicial Business of the United States Courts.” There’s a lot of statistical information in there. Most is organized by judicial district, but some is broken down into both case area and judicial district. For instance, the report states 49 trademark cases were filed in the Western District in the year ending September 30, 2007. Sixty-three trademark cases were terminated in that time, and 29 were pending. Those figures are a bit higher than my own analysis of Western District trademark cases (see here and here). My review of the federal courts’ PACER database in January showed that 28 trademark cases were filed in the Western District in the calendar year 2007, and 51 cases filed between 2005 and 2007 were closed. I did not count cases that remained pending in 2007.The courts’ report shows the Western District... More About: Report , Statistics , Release , Case
Infringement Safari: Seattle
2008-03-16 17:47:00 Apple’s iPod ad campaign has been copied and spoofed dozens of times. Nonetheless, Apple can’t be too happy about San Francisco-based Specialty’s Cafe and Bakery’s latest ads. I saw this placard yesterday in downtown Seattle . The worst of it is, these shops are quite good and well-known. Apple’s campaign is no longer fresh, and the link between ordering sandwiches and the Internet seems pretty weak. So why did Specialty’s copy Apple’s ads? It should be beneath them. More About: Safari , Dilution , Infringement
Does ZOVA for Women's Apparel Infringe ZOVO for Lingerie?
2008-03-13 04:39:00 On March 7, Seattle-based Zovo Lingerie Co., LLC, filed a trademark infringement suit in the Western District against DHM Enterprises and Deanna Hodges, collectively doing business as Zova LA. At issue is whether defendants’ ZOVA and ZOVA LA trademarks are likely to confuse consumers with plaintiff’s registered ZOVO and ZOVO LINGERIE marks.Also at issue is whose rights are senior. The complaint alleges that plaintiff sent defendants a cease-and-desist letter in November 2007, to which defendants responded by claiming they have senior rights because they first used ZOVA and ZOVA LA in 2001. Plaintiff’s complaint claims a trademark priority date of November 2004.The case cite is Zovo Lingerie Co., LLC v. DMH Enterprises, Inc., No. 08-393 (W.D. Wash.). More About: Apparel
Trademark Claim Winner Not a Prevailing Party Against Association
2008-03-12 05:04:00 Even though MONY Life Ins. Co. prevailed in its counterclaim to cancel Van Well Nursery, Inc.’s trademark registration, on March 10 the Eastern District of Washington found it was not a prevailing party in its third party action against the National Licensing Association , of which Van Well Nursery is a member. Since it was not a prevailing party, the court found it necessarily could not establish its case was “exceptional” for attorney’s fees purposes. (Previous STL coverage here.)For background purposes, in May 2004 the NLA brought suit in the Eastern District against MONY and others alleging trademark and patent infringement. However, the court dismissed NLA’s complaint without prejudice based on NLA’s lack of standing and the court’s lack of subject matter jurisdiction.In July 2004, Van Well Nursery and Hilltop Nurseries brought suit in the Eastern District against MONY and others, repeating the claims the NLA had ... More About: Party , Winner , Trademark
Signs of Confusion
2008-03-11 05:15:00 Paid for by Concerned Citizens for a Better America? Photo credit: Monica Guzman/Seattle P-IThe Seattle Post-Intelligencer’s Big Blog last week reported on some controversial political billboards popping up around Seattle. The ads say they’re paid for by “Concerned Citizens for a Better America.” The Southern Calif.-based Citizens for a Better America, however, says it’s not behind the ads, and it’s none too happy that another organization has infringed its registered trademark and misled the public into believing it’s responsible. Clear Channel, the billboards’ owner, apparently is keeping mum about who’s been writing the checks. More About: Signs , Confusion
Utah Repeals Keyword Advertising Ban
2008-03-09 20:04:00 Last year, STL reported on Utah ’s Trademark Protection Act, which potentially prohibited advertisers from purchasing trademarks owned by others as search engine keywords (see posts here and here). As the Google Public Policy Blog explained, “[I]f a department store like Macy’s wanted to advertise that they sell Nike shoes, under the Utah law they would not have been able to use the term ‘Nike’ to trigger an ad for their store.” (As would be expected, Google Inc. criticized Utah’s regulation.)That one state purported to regulate the Internet illustrated the problems localized regulations can cause for users of a system that knows no borders.Though the statute was never enforced, it is now officially dead. A March 5 amendment repealed the provisions allowing for the registration and enforcement of an “electronic registration mark,” the means the statute used to prevent advertisers from purcha... More About: Advertising , Keyword
Class Notes: Trade Dress Presentation
2008-03-06 19:55:00 I was fortunate enough to fill in for my esteemed partner, Bob Cumbow, last night in his trademark law class at Seattle University. The subject was trade dress — one of my favorites. Here’s a copy of my PowerPoint talking points. Why was Bob absent? He’s in the “other” Washington speaking at Howard University School of Law’s Institute of Intellectual Property and Social Justice CLE on “Louis Vuitton, Starbucks, and the Red Hot Chili Peppers: The Trade mark Year in Review.” Wish I could be there for that one, but am so glad I could get back to teaching — if only for one night. More About: Dress , Notes , Class , Presentation
Western District Denies Derek Andrews' Motion for Reconsideration
2008-03-05 07:23:00 Following up on my post here, on Feb. 22, the Western District denied clothier Derek Andrew, Inc.’s motion asking the court to reconsider its partial denial of Dererk Andrew’s motion for preliminary injunction against fitness drink maker Vital Pharmaceuticals, Inc. STL readers may recall that Judge James Robart imposed a preliminary injunction enjoining Vital from using the word REDLINE by itself on clothes advertising its drinks, but did not enjoin Vital from using REDLINE in connection with the words, “The ultimate energy rush.” The injunction stemmed from Derek Andrew’s RED LINE trademark for clothing.In response to Derek Andrew’s motion, the court found:“Plaintiff argues that because the parties’ earlier briefing did not focus on the added slogan ‘The ultimate energy rush,’ Plaintiff did not adequately address the likelihood of confusion between RED LINE and ‘REDLINE, The ultimate energy r... More About: Motion , Andrews
Lifestyle Lift Sues Owner of RealSelf.com Web Site for Trademark Infringeme
More articles from this author:2008-03-04 03:57:00 In January, Lifestyle Lift Holding, Inc., filed suit in the Eastern District of Michigan against Seattle-based Realself, Inc. Lifestyle licenses its registered LIFESTYLE LIFT trademark to cosmetic and plastic surgery centers. Realself owns the www.RealSelf.com Web site it describes as an “independent health and beauty community for consumers to engage in an authentic conversation about ‘anti-aging’ product and treatments.” Lifestyle alleges that Realself’s Web site contains a link that takes viewers to a page that “purports to be an information page about ‘Lifestyle Lift,’” and another labeled “Michigan Lifestyle Lift” that takes viewers to a page listing physicians who are not affiliated with Lifestyle Lift. Lifestyle also alleges that Realself’s Web site contains pages with Lifestyle’s LIFESTYLE LIFT trademark in the “title, metaname/description, an... More About: Site , Owner , Trademark 1, 2, 3, 4, 5, 6, 7 |
|
 |
|
 |
