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
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
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
Western District Denies Motion to Dismiss Contributory Infringement Claim
2008-03-02 19:39:00 In ProteoTech, Inc. v. Unicity International, Inc., plaintiff ProteoTech alleges the University of Washington granted it an exclusive license to use certain technology. Thereafter, ProteoTech granted an exclusive, limited field of use license with respect to the technology to third-party defendant Rexall Sundown, Inc. Through various corporate transactions, a Rexall subsidiary was combined with another company and then purchased by a third entity that became known as defendant Unicity. ProteoTech alleges that Rexall granted a non-exclusive, transferable sublicense to Unicity’s predecessor. ProteoTech also alleges that PTI-00703 is a registered trademark (for dietary supplements) in which it retains all rights despite its lack of use. ProteoTech claims that Rexall was not authorized to sublicense the technology at issue to Unicity. Last year, it filed suit in the Western District , claiming in pertinent part that Rexall is liable ... More About: Infringement , Motion
Chinese Court Redresses Trademark Infringement with Huge Damages Award
2008-03-01 19:30:00 The China Business Law Blog recently published two posts (here and here) about a 20 million yuan ($2.8 million) trademark infringement award by the Hangzhou Intermediate People’s Court. That’s a far cry richer than the 500,000 yuan ($64,000) Starbucks won last year in its trademark infringement suit (STL post on the decision here; discussion of the damages calculation in that case here). So why the (relatively) big award this time? Here’s how the China Business Law Blog explains it:“The court’s award of damages in [G2000 v. 2000] is intriguing. Plaintiff pleaded for damages totaling 20,000,000 Yuan (that is right, 20 million). And the Court ordered the Defendants to turn over the figures for total sales, profits, etc. for the goods complained of in the relevant period of time, but the Defendant failed to do so. Generally, Chinese courts award damages to a plaintiff in an IP infringement case to the extent of a defendantR... More About: Infringement , Award , Huge , Trademark
Profile of Western District Judge Benjamin Settle Published
2008-02-28 03:17:00 Mary Whisner points out in her Trial Ad (and other) Notes blog that the Federal Bar Association of the Western District of Washington has published a profile of Benjamin Settle , one of the Western District’s newest judges (article starts on page 7). This is a great introduction to Judge Settle, and one those who practice in the Western District should read. (STL’s July 10 post on Judge Settle here).Of particular interest to local practitioners:“Judge Settle has a couple of tips for lawyers who will appear before him. First, get to the heart of the matter as soon as possible. Most cases can be evaluated within a month of arriving in the office, and the client is best served when lawyers zero in on the optimal resolution without going down ‘bunny trails.’ And second, make a bona fide effort to settle early. In cases where attorney fees may be awarded to the prevailing party, Judge Settle will always look to see if the attorneys were more interes... More About: Profile , Published
European Court Protects Geographic Designation for Parmesan Cheese
2008-02-27 05:06:00 As STL readers know, Champagne only comes from the Champagne region of France (STL post here). And Wild American Shrimp only come from “their native habitat in the coastal waters of the Gulf and East Coasts of the United States” (STL post here). As I suspect Italians have long known, true Parmesan cheese only comes from Italy. The five regions around Parma, in northern Italy, to be exact, and is made only from raw milk, with no additives, and is aged at least one year. At least that’s what the European Court of Justice ruled today.Billboard at the border of Parma and Piacenza announcingthe home of Parmigiano-Reggiano cheee. Photo credit: J.P. LonThe ruling was a setback for German producers whose “Parmesan” cheese was deemed to be imitation. In so ruling, the court rejected Germany’s argument that the name was generic for a type of hard, crumbly cheese that is often grated over food.... More About: Cheese , European Court
Trademark Dilution Weekend (Part 2)
2008-02-24 19:18:00 On Feb. 21, the Ninth Circuit took the unusual step of amending its six-month old decision in Jada Toys, Inc. v. Mattel, Inc., deciding the “new” standards established in the October 2006 Trademark Dilution Revision Act apply to Mattel’s dilution counterclaim, not the old standards set forth in the Federal Trademark Dilution Act. In doing so, the court applied the TDRA’s “likelihood of dilution” standard, four-factor test for assessing fame, and six-factor test for determining the existence of “dilution by blurring.” After applying these standards, the court found the result was the same as under the old standards: a reasonable trier of fact could conclude that Jada Toys’ HOT RIGZ mark, used in connection with toy trucks, was likely to dilute Mattel’s famous HOT WHEELS mark used in connection with toy vehicles.The court’s Aug. 2, 2007, decision applied the old “actual dilution&... More About: Weekend , Part
Trademark Dilution Weekend (Part 1)
2008-02-23 21:14:00 There’s a whole lotta dilution goin’ on. That’s why this weekend is Trademark Dilution Weekend . Today: XEROX and GOOGLE. Tomorrow: the Ninth Circuit’s amended decision applying the “new” Trademark Dilution Revision Act standards in Jada Toys v. Mattel, Inc.The Afro-IP blog, all the way from South Africa and the United Kingdom, apparently follows U.S. politics pretty closely, because yesterday it latched onto a phrase Hilary Clinton used in her Feb. 21 debate with Barack Obama. She reportedly called him the candidate of “change you can Xerox.” Ms. Clinton’s line reportedly drew boos from the audience, but probably not because of its implications on Xerox’s well-known brand.Afro-IP points out that Ms. Clinton’s statement — now re-published in headlines around the world — is something of a setback for Xerox Corp., which has campaigned against the public’... More About: Part
Western District Grants Preliminary Injunction Against Fitness Drink Maker
2008-02-22 02:53:00 On Feb. 5, Western District Judge James Robert granted in part and denied in part Bellevue-based apparel designer Derek Andrew, Inc.’s motion for preliminary injunction against fitness drink manufacturer Vital Pharmaceuticals, Inc. Derek Andrew sells a line of clothing and related products under its RED LINE trademark. Vital sells a line of fitness drinks under its REDLINE trademark. The problem, the court found, was with Vital’s use of athletic clothing and related goods to promote its REDLINE drink. To the extent Vital used REDLINE alone on such goods (which the court found Vital voluntarily had stopped doing), the court found that Derek Andrew had demonstrated a likelihood of confusion. However, the court found no such likelihood of confusion existed when Vital uses REDLINE accompanied by the slogan, “The Ultimate Energy Rush.” These additional words, the court found, “sufficiently identifies [Vital’s] attempts to advertise ... More About: Fitness , Drink , Maker , Grants
Western District Refuses to Reconsider Dimissal of Cybersquatting Claim
2008-02-21 02:35:00 As discussed on Feb. 14, The Christensen Firm moved the Western District to reconsider its summary judgment dismissal of the firm’s cybersquatting and Consumer Protection Act claims against its Web site development vendor, Chameleon Data Corp., and its president, Derek Dohn. In doing so, plaintiff argued it was “manifest error” for the court to find the marks contained in the domain names defendants allegedly transferred to themselves without plaintiff’s authorization “were either generic (cc-lawfirm) or descriptive (The Christensen Firm).”Today, the court denied plaintiff’s motion. In a minute order issued by the clerk, the court found:“Plaintiff’s motion simply rehashes arguments already made and rejected by the Court. The Court, however, will take this opportunity to clarify that, although it continues to hold the mark ‘cc-lawfirm’ is generic, it would reach the same conclusion concerning p... More About: Cybersquatting
"Meet the Bloggers" Lineup Reveals Some Great Trademark Blogs
2008-02-20 07:37:00 Jeremy Phillips of IPKat fame (among other blogs) is graciously organizing this year’s “Meet the Bloggers ” gathering at the International Trademark Association’s annual meeting, which will be held in May in Berlin. His list of expected attendees provides a treasure-trove of trademark- and IP-dedicated blogs — most of which are published outside the States, and many of which I have never stumbled upon. They’re all worth a look, if not a link, subscription, or regular visit: Afro-IPCatch Us If You Can !!! (English and Italian)Class 46IMPACT IP FinanceIPEG IPJUR (English and German)IPKatLucentinus (Spanish)Nake d LawPetit Musee des Marques (French)Peter GrovesRychlicki.net (English and Polish)Seattle Trademark LawyerSOLO IPSpicy IPTrademark BlogTransblawg (English and German)TTABlogRemember, you can use Babel Fish and Google to translate non-English language blogs in a snap. (STL post&nb... More About: Blogs , Great
Qpass Files Trademark Suit Against Kupass
More articles from this author:2008-02-19 08:39:00 Seattle-based Qpass, Inc., filed suit in the Western District on Feb. 6 against Kupass Corp. Both parties allegedly provide application provider services. According to the complaint, Qpass started using its registered trademark QPASS in 1998 in connection with making software available to end-users to facilitate on-line membership services, payment services, and the sale of goods and services over computer networks. The complaint states Kupass began using KUPASS in 2006 in connection with hosting computer software applications for use by others. Qpass alleges: “The KUPASS Mark is confusingly similar to the QPASS Mark in sight, sound, and commercial impression. Defendant’s use of the KUPASS Mark in business activities that are closely related to Plaintiff’s business activities, namely, in connection with the provision of ASP services, is likely to cause confusion in the trade to Plaintiff’s detriment.” Kupass has not yet filed an answer. T... More About: Files , Trademark , Suit 1, 2, 3, 4, 5, 6, 7 |
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