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
Baden Wins $8M False Advertising Award But Not Fees or Interest
2007-10-01 06:26:00 There’s a lot of money in basketballs.On August 16, a Western District jury found Kabushiki Kaisha Molten and Molten USA, Inc., liable to its competitor, Baden Sports, Inc., for falsely advertising that its new cushioned basketball was “innovative.” It awarded Baden $8,054,579 in damages. STL discussion of the case here, here, and here.On Sept. 25, Judge Marsha Pechman entered a permanent injunction enjoining Molten from advertising to United States consumers that its “dual cushion” basketballs are “innovative.” The injunction applies to advertising both within the United States and advertising outside of the United States that is directed to U.S. consumers.Based on the jury’s separate finding that Molten had infringed Baden’s patent, the court also enjoined Molten from continuing to sell or offer to sell its “dual cushion” basketballs. The jury awarded Baden $38,031 on that cla... More About: Advertising , Fees , Attorney , Interest , Award
Ninth Circuit Vacates Injunction Enjoining Possible Trademark Disparagement
2007-09-28 05:37:00 The 43(B)log beat me to a new trademark case that’s worth checking out. On Sept. 26, the Ninth Circuit vacated the District of Arizona’s preliminary injunction enjoining defendant Tim Oey “from making any comments that could be construed as to disparage upon [the plaintiff Freecycle Network’s] possible trademark and logo” and requiring Mr. Oey to “remove all postings from the [I]nternet and any other public forums that he has previously made that disparage [The Freecycle Network’s] possible trademark and logo.” Just as interesting as the opinion is the list of attorneys weighing in on Mr. Oey’s behalf. It includes Marty Schwimmer, Mark Lemley, Lawrence Lessig, “Amici 38 Intellectual Property Law Professors” and the Electronic Frontier Foundation. With firepower like this, you know the stakes were high. For a summary of the decision, check out Prof. Tushnet’s post.The case ... More About: Infringement , Trademark , Junction , Spar
Bourne Ultimatum: Vancouver Furniture Importer Settles Trade Dress Case
2007-09-27 06:19:00 On Sept. 25, Vancouver , Wash.-based furniture importer Bourne International, Inc., settled its trade dress and copyright infringement claims against Chet Stoler and his company, South Seas Trading Co. (Previous STL coverage discussing the Western District’s refusal to enter the parties’ stipulated protective order here.)Bourne had alleged that Mr. Stoler, a former Bourne officer, director, and shareholder, had been responsible for the manufacturing, designing, importing, and marketing of Bourne’s furniture lines, including a line called THE LEAF COLLECTION. Bourne alleged that Mr. Stoler set up a competing importing business and sold items from THE LEAF COLLECTION to Bourne’s customers without Bourne’s authorization, infringing Bourne’s trade dress.The parties’ Stipulation and Final Judgment describes THE LEAF COLLECTION’s trade dress as: “banana leaves, reticulate venaton on each banana leaf, each l... More About: Furniture , Dress , Trade , Case
Western District Denies Cascade Financial's Preliminary Injunction Motion
2007-09-26 03:24:00 The Western District today denied Cascade Fina ncial Corp.’s and Cascade Bank’s motion for preliminary injunction against Issaquah Community Bank, Capital Bancorp, Ltd., and Robert Ittes. (STL coverage of this case here and here.) Plaintiffs had argued that defendants’ use of ISSAQUAH COMMUNITY BANK as a name and trademark infringes plaintiffs’ ISSAQUAH BANK trademark for competing banking services. Judge Thomas Zilly decided the motion without oral argument. The court stated it will enter an opinion explaining the basis for its ruling at a later date. The case cite is Cascade Financial Corp. v. Issaquah Community Bank, No. 07-1106 (W.D. Wash.). More About: Infringement , Motion
Memorial Set for Eastern District Judge Alan McDonald
2007-09-25 04:47:00 A memorial will be held for Eastern District Judge Alan McDonald, who died in July at age 79. Judge McDonald was appointed by President Reagan in 1985. He had been on senior status for the past 11 years. The memorial is scheduled for 1 p.m. on Oct. 5 in the second floor courtroom of the William O. Douglas Courthouse in Yakima, Wash. More About: Memorial
Seattle Post-Intelligencer Reports on Starbucks Logo "Parody"
2007-09-24 06:12:00 On Sept. 21, the Seattle Post -Intelligencer ran a story about a Christian-themed clothier selling T-shirts and caps with a Christian spin on Starbucks ’ familiar logo. It replaces the siren with Jesus and the words “Starbucks Coffee” with “Sacrificed for Me.” It only comes in one color: coffee. It’s available locally for $14.99 at a Shell gas station in Seattle’s Queen Anne Hill neighborhood, and on the Internet at www.christiantshirts.com and www.JesusHats.com.The maker, Berryville, Ark.-based Kerusso, is the nation’s largest Christian-themed apparel company. Kerusso told the P-I: “It’s interesting how many of our parodies do end up as best-sellers. I think people like the fact that they can get a little chuckle out of something and at the same time express their faith.” Parody or infringement?Kerusso’s (left) and Kieron Dwyer’s adaptationsWhile it may be a be... More About: Infringement
Scotts and TerraCycle Settle; "Sued by Scotts" Web Site to Come Down
2007-09-22 03:34:00 The Scotts Company and its parent, OMS Investments, Inc., have settled their trade dress and false advertising dispute with TerraCycle, Inc., the parties announced today. (STL’s May 16 post about the case here.) Scotts sells the MIRACLE-GRO line of plant food; TerraCycle sells plant food under its own name. Both use green and yellow packaging. TerraCycle will drop its green-and-yellow packaging (left); Scotts will drop its lawsuit.As part of the Sept. 15 settlement, Scotts dismissed the case it filed in the District of New Jersey. In exchange, TerraCycle, while not admitting liability, agreed to phase out all use of specified trade dress, any trade dress that is confusingly similar with Scotts’ MIRACLE-GRO trade dress, and any trade dress that is confusingly similar to Scotts’ “green and yellow” trade dress.TerraCycle also agreed to take down its “Sued by Scotts” Web site within three mont... More About: Site , Settle
Western District Dismisses Mother's Trade Dress Claims Against LL Bean
2007-09-21 03:38:00 On Sept. 18, Western District Magistrate Judge Kelley Arnold granted L.L. Bean , Inc.’s motion for judgment as a matter of law, dismissing Mother, LLC’s trade dress claims stemming from the parties’ competing hunting vests. The court granted the motion after Mother rested its case on the second day of trial. The docket’s minute entry is dramatic in its own way: “Plaintiff rests. Jury excused. [L.L. Bean] moves for judgment as a matter of law; [Mother] argues - Granted. Court is at recess.” Sometimes, justice is swift.Western District finds no trade dress infringement:Mother Daypack (with belt extended) and Bean Upland VestpackFor additional background, check out STL’s posts on the case from April 9, August 8, August 25, and September 16.The case cite is Mother, LLC v. L.L. Bean, Inc., No. 06-5540 (W.D. Wash.). More About: Dress , Trade
NIKEPAL Dilutes NIKE
2007-09-20 06:06:00 On Sept. 10, the Eastern District of California found that Nike pal International, Inc.’s use of NIKEPAL in connection with laboratory goods and services dilutes by blurring Nike, Inc.’s NIKE trademarks under the Trademark Dilution Revision Act’s likelihood of dilution standard. For this reason, the court also reversed the Trademark Trial and Appeal Board’s dismissal of Nike’s opposition to Nikepal’s registration of NIKEPAL. On Sept. 18, the court amended its findings of fact and conclusions of law, which are available here. (STL previously discussed the court’s order on summary judgment here.)Nike has used NIKE in connection with athletic shoes, apparel, and sports equipment since the 1970s. It owns ten federal registrations for the NIKE word mark alone, and 19 others involving the word NIKE. It is the largest athletic seller of athletic footwear and apparel in the world.Nikepal has used NIKEPAL in connection with glass syringes an... More About: Utes
District of Oregon Finds MCR-WEST Infringes MTR WESTERN for Bus Services
2007-09-18 05:52:00 On Sept. 10, the District of Oregon entered findings of fact and conclusions of law in a trademark infringement case between two charter bus companies, plaintiff Meridian Transportation Resources, LLC, and defendant Magic Carrier Resources, LLC. After a one-day trial, Magistrate Judge Janice Stewart found that defendant’s MCR-WEST trademark infringed plaintiff’s MTR WESTERN mark.Seattle-based MTR West ern operates 30 buses in Portland and is Oregon’s second-largest charger motor coach carrier. The court found it uses the following trade dress: “a solid gold painted motor coach with a decal on its side, close to the windows that reads MTR WESTERN in its stylized trademark format. This stylization includes ‘MTR’ in bold and italic font, and ‘Western’ in cursive font, accompanied by a logo with two swirls in contrasting colors … close to the driver’s side window of the motor coach. The Swirl Design logo and the MTR Western (Sty... More About: Services , Infringement
Western District Fixes Sanction Award in Mother v. L.L. Bean Case at $5,000
2007-09-17 04:42:00 STL has written about the Mother , LLC v. L.L. Bean , Inc., trade dress infringement suit, including Mother’s discovery violations, here, here, and here. On September 13, the Western District fixed the attorney’s fees it awarded L.L. Bean in its August 7 sanctions order at $5,172 — the full amount L.L. Bean requested. Mother did not oppose the amount and informed the court it will send L.L. Bean a check.Trial is scheduled to begin tomorrow.The case cite is Mother, LLC v. L.L. Bean, Inc., No. 06-5540 (W.D. Wash.). More About: Fees , Attorney
Bloomberg News: Microsoft Files Cybersquatting Lawsuits
2007-09-14 21:37:00 Not to be outdone by the likes of this blog, Bloomberg News today reported that Microsoft has filed three lawsuits against alleged cybersquatters. One of the three is Microsoft Corp. v. Kovyrin (complaint here), which STL reported on yesterday. Interestingly, the lawsuits are part of a unified effort against cybersquatters involving trademark owners Dell Inc., Time Warner Inc., Wal-Mart Stores Inc., Yahoo! Inc., as well as the International Trademark Association. (INTA press release here).The Bloomberg story cites Microsoft as saying it has brought 15 similar cases in the past year, enabling it “to take possession of more than 2,000 misused domain names and recover more than $1.17 million in illegal profits.” More About: Lawsuits , Files
Microsoft Sues Alleged Cybersquatters
2007-09-14 05:03:00 On Sept. 10, Microsoft Corp. filed suit in the Western District against Canadian resident Oleksiy Kovyrin, Digi Real Estate Foundation, and John Does, alleging that the defendants are the registrants and users of 70 domain names that infringe Microsoft’s trademarks and violate the Anticybersquatting Consumer Protection Act.At issue in the case is defendants’ alleged use or intentional misspelling of Microsoft’s MICROSOFT, MSN, WINDOWS, and other registered trademarks in domain names including microsoftaccessdatabase.com, microsoftantivirus.com, microsoft-developer.com, msnaccount.com, msnantispyware.com, msnhotmai.com, msnhotmial.com, msnmessenger.com, msnsearch.com, windoms.com, windowmoviemaker.com, windowsmedaiplayer.com, and windowsserver.com.Microsoft alleges that “Many of the Infringing Domain Names resolve to websites that are controlled by Defendants…. Many of these websites display advertis... More About: Cybersquatting , Squat , Quat
Seattle Trademark Lawyer Welcomes Vegas Trademark Attorney
2007-09-13 05:50:00 I can’t help but admire the descriptiveness of this blog — Vegas Trademark Attorney . (As a trademark, its almost as protectable as Seattle Trademark Lawyer .) VTA is in its infancy, on its ninth post. But so far, I’m impressed. Publisher Ryan Gile wrote a long post yesterday about Jon Bon Jovi’s dispute over the Mijovi Company’s attempt to register MIJOVI for soft drinks and energy drinks. I particularly like how frequently Mr. Gile links to the PTO’s TARR database (something I’m sure to emulate), as well as his copious case citations. He’s got another good post about Nokia’s Sept. 4 registration of a sound mark for its default ring tone. If the tune is not already emblazoned in your mind, it’s “a sound comprising a C eighth note, E flat eight[h] note, B flat eighth note, G quarter note, C eighth note and C quarter note.” But, it...
Western District Finds Bad Faith in VERICHECK Cybersquatting Case
2007-09-12 06:02:00 On August 30, the Western District denied in part and granted in part cross-motions for summary judgment brought by plaintiff David Lahoti and defendant Vericheck, Inc., on Mr. Lahoti’s complaint for declaratory relief challenging the National Arbitration Forum’s UDRP order that his domain name be transferred to Vericheck, Inc., and finding that his use does not violate the Anti-Cybersquatting Consumer Protection Act. Vericheck provides check verification services, check collection services, and wireless payments. It claims it has used the mark VERICHECK since 1995 and has maintained an Internet presence at www.vericheck.net since 1999. The company also registered vericheck.org, vericheck.cc, vericheck.us, and vericheck.biz. In 2001, Vericheck registered a service mark with the State of Georgia described as “a depiction of a check mark over the word ‘vericheck.’”Mr. Lahoti is a self-proclaimed “Internet entrepreneur.... More About: Faith , Case
What Is a Trademark? How Does It Differ from a Copyright and a Patent?
2007-09-11 06:55:00 It’s amazing how often people confuse trademarks with copyrights and patents. Not an intellectual property lawyer? Not a lawyer at all? No matter. Here’s your cheat sheet:Trademark s. The federal trademark statute, the Lanham Act, defines a trademark as “any word, name, symbol, or device, or any combination thereof [used or intended to be used] to identify and distinguish [a producer’s] goods … from those manufactured or sold by others and to indicate the source of the goods….” 15 U.S.C. § 1127. In other words, it’s a source identifier. It’s the means that tells a person the cola he’s drinking comes from the Coca-Cola Company. That way, if he likes what he’s drinking, he’ll know where to go back for more. The owner of a trademark is protected against infringement, which occurs most often when a later-adopted trademark is confusingly similar with an earlier-adopted trademark. In the U... More About: Copyright , Patent , Adema , Tent
Ninth Circuit Reviews Arbitration Award Enforcing Trademark License Agreeme
2007-09-10 06:07:00 On Sept. 7, the Ninth Circuit published a decision affirming in part and vacating in part an arbitrator’s award based on a trademark license agreement. The decision underscores how deferential courts are when reviewing arbitration awards, but that such deference is not unlimited.In Comedy Club, Inc. v. Improv West Associates, plaintiffs Comedy Club and Al Copeland Investments, Inc., entered into a Trademark License Agreement that granted Comedy Club an exclusive nationwide license to use Improv West’s trademarks. Thereafter, Comedy Club breached the agreement and sought to protect its interests in the trademarks by filing a declaratory judgment action in the Central District of California. The court ordered the parties to arbitrate pursuant to the agreement’s arbitration clause. The arbitrator found that Comedy Club was liable for breaching the agreement and entered an injunction enjoining Comedy Club and its affiliates from openi... More About: Reviews , Award , Civil Procedure
STL Technical Error Corrected
2007-09-10 00:03:00 If you tried to access STL this weekend and instead were directed to my law firm bio, I apologize. My domain name registrar, Network Solutions, inadvertently changed some of my settings. The error has been corrected. Thanks for your patience! More About: Technical , Error , Technic , Rect
Court Finds Fashion Designer Can Use His Name, But Not as a Trademark
2007-09-07 02:14:00 Design house Paul Frank Industries, Inc., brought a trademark infringement action in the Central District of California against its namesake and former designer, Paul Frank Sunich, based on the commercial use of his name. In particular, plaintiff alleged that Mr. Sunich and his companies’ Web sites, www.paulfranksunich.com, www.chasermerch.com, and www.treestitchdesign.com, and defendants’ sale of t-shirts using Mr. Sunich’s full name, “Paul Frank Sunich,” infringe PFI’s rights in its PAUL FRANK trademark. Plaintiff brought a motion for preliminary injunction to enjoin defendants from using the name “Paul Frank” in any commercial context. Defendants responded that Mr. Sunich has an absolute right to use his full name in any context, including in connection with the sale of t-shirts that he designs.On August 21, the court granted the motion in part and denied it in part. On one hand, It found: “Under trade... More About: Fashion , Infringement , Designer , Trademark , Court
Video Only Voluntarily Dismisses Case Against Alleged Cybersquatters
2007-09-06 03:53:00 Video Only, Inc., today filed a Rule 41(a) notice of dismissal with the Western District, terminating its trademark claims against JSSI Group, Inc., Domain Name Systems, Inc., and three individual defendants. The dismissal follows a motion to dismiss that defendants filed last week.In its December 2006 complaint, the Seattle-based video retailer alleged that defendants “host, operate, provide DNS services for, serve as the registrar for the associated domain name, and/or publish the Internet web site http://www.videonly.com/….”&n bsp;Video Only alleged that defendants used this site to divert traffic from Video Only’s site and to redirect it to another site that advertises, sells, and promotes pornographic material. The complaint asserted claims for infringement, contributory infringement, infringement, false designation of origin, dilution, cybersquatting, violation of Washington’s Consumer Protection Act, an... More About: Video , Infringement , Case , Squat , Quat
Clinic Agrees to Injunction Prohibiting Its Keyword Purchase of Competitor'
2007-09-05 05:40:00 On August 31, Western District Judge Thomas Zilly entered a stipulated injunction in favor of plastic surgery clinic Hypatia Aesthetic & Laser Treatment Clinic, PLLC, against competing plastic surgery clinic Sam Naficy, MD, PS. The injunction concludes Hypatia’s dispute with Sam Naficy over the latter’s purchase of HYPATIA as a keyword in users’ Google searches.Hypatia’s complaint reads like a Google testimonial. It alleged that Hypatia markets its “minimally invasive and non-invasive cosmetic medical therapies primarily on the Internet.” In the 1.5 months preceding Hypatia’s filing of its complaint in September 2006, Hypatia alleged the Sam Naficy clinic “purchased from www.google.com, the right to have a sponsored link to its website at the top or the top right side of the search results page when anyone performs a Google search for the term ‘hypatia.’” Sam Naficy’s ad al... More About: Insurance , Keyword , Keywords , Purchase , Petit
STL Back to Work Tuesday Evening
2007-09-04 06:44:00 Not that blogging is work, but I’ve taken the long weekend off in honor of Labor Day.Victoria’s beautiful Empress Hotel and Inner HarbourNow that I’m back from beautiful Victoria, BC, I plan to return to my usual blogging self (such as that is) Tuesday evening. Thanks for visiting and please come back soon! More About: Work , Back , Evening
Washington Lawyers for the Arts to Host Discussion on Counterfeit Fashion
2007-08-31 04:39:00 Seattle-based Washington Lawyers for the Arts offers a trademark-centric program next month entitled, “Counterfeit Chic: Legal Protection in the Fashion & Design Industry.” Its Web site describes the program as follows: “A growing demand for fashion design knock-offs is fueling the counterfeit market and costing the fashion industry millions of dollars a year. While imitation may be the ultimate form of compliment, it is also financially devastating to a small or independent designer. Yet, legal protection in the fashion and design industry is fraught with difficulties. Washington Lawyers for the Arts presents a panel discussion on the ins and outs of legal protection in the fashion industry and how best to arm yourself against counterfeits.”The brown-bag seminar will be held from 11:45 a.m. to 2 p.m. on Sept. 27 at K2 Sports, 4201 Sixth Avenue South in Seattle. Cost is $35 ($40 at the door) for attorneys and paralegals and $10 ($... More About: Counterfeiting
Ninth Circuit Finds Sale of Paintings Protected by First Amendment
2007-08-30 06:12:00 In a published decision, the Ninth Circuit today found that the sale of a painter’s original works are protected by the First Amendment . In White v. City of Sparks, painter Steven White challenged the constitutionality of a Nevada city ordinance that ostensibly required him to obtain a permit before selling his paintings in public parks. The Ninth Circuit sided with the artist, finding: “So long as it is an artist’s self-expression, a painting will be protected under the First Amendment , because it expresses the artist’s perspective.” The court rejected the city’s argument that the sale of the paintings removes them from the ambit of protected expression. In so finding, the Ninth Circuit joined the Second and Sixth Circuits, which have reached similar conclusions.This has significant trademark ramifications. In ETW Corp. v. Jireh Publishing, Inc., for example, the... More About: Sale , Paintings
InsideCounsel Reports on Ninth Circuit's Perfect 10 Decision on Secondary L
2007-08-29 06:09:00 The September issue of InsideCounsel magazine reports on the Ninth Circuit’s July 3 decision in Perfect 10, Inc. v. Visa Int’l Svc. Ass’n, which found that credit card companies were not contributorily or vicariously liable for trademark or copyright infringement. The plaintiff, a porn site operator, had argued that the defendant banks and credit card companies should be liable for making infringement profitable by processing credit card payments to infringers’ sites. STL’s original post on the case here.Julius Melnitzer’s article, “Porn Site Loses High Stakes,” quotes yours truly as characterizing the ruling as a “pro-commerce, pro-Internet decision that could have slowed down commerce significantly if it had gone the other way.”Writing in dissent, Judge Alex Kozinski argued that credit card companies that allow infringers to become profitable should be just as liable ... More About: Infringement , Decision , Perfect 10 , Deco
Applying TDRA Standard, Court Upholds Jury's Finding of Dilution
2007-08-28 06:19:00 On August 20, the Central District of California upheld a jury’s finding that a plaintiff had proven its dilution claim by showing a mere likelihood of dilution. It may have been the first jury trial to consider a dilution claim under the lower standard of proof established by the Trademark Dilution Revision Act, which replaced the “actual dilution” standard required by the predecessor statute, the Federal Trademark Dilution Act.In the case, plaintiff Eldorado Stone, LLC, and defendants Renaissance Stone, Inc., Alfonso Alvarez, and Rob Hager sold competing architectural veneer stone products. Plaintiff sold its products under the trademarks RUSTIC LEDGE and CLIFFSTONE, which it alleged were famous and diluted by defendants’ products sold under the trademarks CLIFFLEDGE and RUSTIC STONE.In March, the jury found for the plaintiff. Defendants moved for judgment as a matter of law on the ground that plaintiff had not presented any evidence of ... More About: Standard , Court , Stand , Holds
Court Refuses Summary Judgment Dismissal of Mother's Trade Dress Claims
2007-08-26 01:56:00 After sanctioning Mother, LLC, twice for discovery violations, the Western District found in its favor on August 24, denying L.L. Bean, Inc.’s motion for summary judgment dismissal of Mother’s Lanham Act and state law claims, namely, that L.L. Bean’s manufacture, marketing and sale of a hunting vest infringes the trade dress of Mother’s competing hunting vest. (STL’s posts on the sanction orders here and here.)   ; Trade dress infringement?Mother Daypack (with belt extended) and Bean Upland Vestpack The court characterized the undisputed facts as follows: “The parties met in December 2004 to discuss the possibility of Bean selling the Mother Daypack, an upland hunting pack designed and sold by Mother. Bean began selling the Mother Daypack through its website and catalogue in July 2005. The Bean catalogue containing a one-page display of the Mother Daypack, was distributed to an es... More About: Dress , Judgment , Claims , Court
The Red Cross Dispute; Nautica vs. Nautica Thorn; "New" Seattle Law Blogs
2007-08-23 06:38:00 Time once again for the STL grab bag!On Aug. 20, the Seattle Post-Intelligencer ran Ann Woolner’s syndicated column on Johnson & Johnson’s infringement dispute with the American Red Cross over ARC’s rights to the red cross. Ms. Woolner sided with Johnson & Johnson, concluding if the company “wants to keep what it claims as its 100-year old right to use the mark commercially, it had to either negotiate a compromise or sue. The Red Cross left it with only that one option.”On Aug. 19, law blogger Marc Randazza wrote a long post about Nautica Apparel Inc.’s TTAB proceeding opposing adult entertainer Shauna Tokumi’s application to register her screen name NAUTICA THORN as a trademark. He was ok with the notice of opposition until Nautica alleged that registration should be refused on the ground that the mark is scandalous or immoral: “Oh, see, now they went and made me mad,” he wrot... More About: Blogs , Dispute
It's Final: Leo Stoller's Trademark Assets Sold in Bankruptcy Court
2007-08-21 07:17:00 The Society for the Prevention of Trademark Abuse, LLC, completed its purchase of the trademark assets of Leo Stoller’s bankruptcy estate, the Society announced today. (Press release here; background on bankruptcy sale here.) Marks involved in the purchase include STEALTH, SENTRA, TRILLIUM, DARK STAR, TERMINATOR and others, including all registrations and applications owned by Central Mfg. Co. The Society stated its plan is “to convey the marks others may want/need to clear the way for their applications to proceed, [and] wind up all pending proceedings in a manner consistent with the known and trustworthy evidence.” In other words, to restore business as usual — at least to the state that existed before Mr. Stoller opened for business. Well done! More About: Infringement , Bankruptcy , Final , Court
Starbucks Trademark Win in 2005 Cleared Way for Its First Store to Open in
More articles from this author:2007-08-20 00:56:00 The Seattle Times reports today: “Starbucks plans to open its first store in Russia next month in the Mega Mall north of Moscow, a spokeswoman said. The company’s business partner in Russia, Kuwait-based M.H. Alshaya, said earlier this year that it planned to open Starbucks shops in Moscow and St. Petersburg in August and have 10 stores in Russia by the end of the year. “The company’s entry into Russia was delayed for years by a trademark dispute that was resolved last year.”Here’s some background on the dispute. According to Russian news sources (stories here and here), Starbucks initially registered STARBUCKS as a trademark in 1997 when it began making plans to enter the Russian market. In 2002, however, a company called Press appealed to Rospatent, the Russian trademark office, for rights to the mark on the ground that Starbucks had not used it in the country for more than three years. Rospatent granted its request. Press then&nb... More About: Open , Store , Infringement , Trademark 1, 2, 3, 4, 5, 6, 7 |



