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Dance Music Tiny Dancer Marco Demark ft Casey Barnes Video Lyrics Testo Tra
2008-03-05 13:42:00 Tiny Dancer, un bel pezzo dance che ci sta accompagnando in questo periodo. Il pezzo non è altro che un remix degli anni ‘70 firmato da Elton John, sempre intitolato Tiny Dancer Il video stesso ambientato negli anni 70, vede protagonisti degli amici che scorrazzano in giro per la città a ritmo di Tiny Dancer! Video ...
Inviting Islamic Rage, Demark Papers Reprint the Mohammed Cartoons - All Am
2008-02-13 20:44:00 What a bold and courageous statement: (CNN) — Newspapers across Europe Wednesday reprinted the controversial cartoon of the Prophet Mohammed that sparked worldwide protests two years ago. The move came one day after Danish authorities arrested three people allegedly plotting a “terror-related assassination” of Kurt Westergaard, the cartoonist behind the drawing. Berlingske Tidende, was one of the newspapers involved in the republication by newspapers in Denmark. It said: “We are doing this to document what is at stake in this case, and to unambiguously back and support the freedom of speech that we as a newspaper always will defend,” in comments reported by The Associated Press. As Captain Ed said: Unfortunately, American newspapers and media outlets do not appear interested in expressing the same solidarity. CNN doesn’t include the image in its report, and so far, I haven’t seen any newspaper cover it yet, although they may tomorrow. Only ...
Thomas Demark Indicator
2007-07-01 00:42:00 The DeMarker indicator is an attempt to overcome the shortcomings of classical overbought / oversold indicators. The DeMarker Indicator identifies potential price bottoms and tops. It accomplishes this by making price comparisons from one bar to the next and measuring the level of price demandhere is the formulahighm = IIF( H > Ref( H, -1 ), H - Ref( H, - 1), 0 );lowm = IIF( L Tom D = 100 * Sum( highm, 13 )/( Sum( lowm, 13 ) + Sum( highm, 13 ) );
How to draw DeMark Trendlines
2007-06-27 00:00:00 When searching for Forex information on the internet you are likely to find articles relating to trendlines and trendline analysis. Tom DeMark is a specialist in the field of technical market analysis and his best-selling book “The New Science of Technical Analysis” released in 1994 spells out some innovative techniques when it comes to the use ...
By: 2Bull Forex Blog
Why Don't More Ad Campaigns Address Proper Trademark Use?
2007-06-06 04:26:00 Here’s an ad from the Vignerons & Maisons of Champagne, instructing consumers that “Champagne only comes from Champagne, France.” Apparently, some American wineries are selling their sparkling white wines as “champagne”- — and are allowed to do so — which irks their French competitors. It’s a nice campaign. But, it raises some questions: if conditioning consumers&nbs-p;to use trademarks properly is truly important, and is truly effective, why don’t we see more ads like this one? Do consumers not need much help these days in avoiding the generic use of trademarks and making the proper use of certification marks? Or are such ads ineffective? Or just a low priority for trademark owners?
Once is Temporary Insanity, Twice is a Trademark
2007-06-03 00:31:00 In light of Chicago Cubs manager Lou Piniella’s latest cap-throwing meltdown, ESPN currently has video of Mississippi Braves skipper Phillip Wellman giving a classic post-ejection performance Friday night. The best has to be near the end when you see the second baseman laughing out loud as Wellman walks off with a couple of bases in ...
Eternal Vigilanceâ„¢ Trademark
2007-05-27 21:38:00 I feel the need to write a brief post here concerning the trademark for the name Eternal Vigilanceâ„¢ since I am now dealing with a couple of situations in which other authors have recently published under this title without my consent. This is a frustrating issue for me for, with my extensive background in advertising and marketing, it would never occur to me in my wildest dreams to think that I could publish something using a REGISTERED TRADEMARKED title! The express reason why an individual trademarks something is that they are intending on building an extensive business upon this name and desire to PROTECT THE INTEGRITY of the brand by isolating and securing its usage to their product, whatever it may be, solely. Eternal Vigilanceâ„¢ is just such a brand for me. I refer to it now as a brand as I now have the merchandise section for my fans, a graphic novel in development and am now expanding the concept into a screenplay. It’s becoming a very expansive beast of a project w...
Do You ZAPPOS at Work? Online Retailer Encourages Improper Trademark Use
2007-05-27 18:42:00 At a time when many companies plead with the public to make proper use of their trademarks, it’s almost shocking to see one company encourage the public to do just the opposite — to use its trademark as a verb instead of as an adjective.Here’s wha-t Zappos.com is telling potential customers: “Ok, so I Zappos at work. Check out our outstanding service and massive selection of shoes and apparel and you’ll Zappos too.”Contrast that message with what Tivo Inc. tells its customers:“The TiVo logo and trademarks are some of our most valuable assets and it is essential that they be used correctly in writing and are protected or they will be lost. “A trademark is lost when it becomes generic, i.e. when it has come to mean the product as distinguished from a certain brand of the product. If our trademarks become generic, they could be used by competitors to describe their goods or servic...
Trademarks: How Important are they?
2007-05-25 10:21:00 Being different from the rest always gathers prominence. Any commercial/ non-commercial product or service needs a certain degree of uniqueness to get their potential customers. Such distinctive character of a product usually becomes the registered trademark of a brand. However, a trademark may not necessarily be a distinct physical entity. Any attribute of a product or service that uniquely identifies itself with the customers can become a trademark. So a distinct smelling perfume, a unique hairstyle, a design, sound, name, word, logo, a combination of few attributes or anything that qualifies being distinct can become a trademark.The origin of trademarks can be traced back to the ancient period when some craftsmen used to put their signature as a token of identity on their works. Over a period of time such signatures / marks made way for other distinctive attributes of an entity. Among such attributes, a logo gradually gained precedence over a period of time. A logo is a symbol, a...
CTS Wholesale Launches DE Designer Eyewear Under An Exclusive Trademark
2007-05-24 16:35:00 CTS Wholesale has launched a trademarked range of exclusive sunglasses at low cost, under the brand name ‘Designer Eyewear’ CTS Wholesale Sunglasses today launched an exclusive range of Designer Eyewear under its trademark DE. Kirk Bachelder, owner of CTS announced: “This exclusive range will give our retailers an edge over the other sunglass dealers, and let them offer a high quality fashion range at a low cost.” A unique looking display box prominently displaying the logo will attract the passer-by quite easily, pulling in prospective customers to the stall. The range contains several designs, both regular and one-piece lens variety. “We will keep adding new designs frequently to keep the interest of the customers high, resulting in high profits for our dealers,” reported Kirk. CTS Wholesale also offers replica sunglasses with inspired-by designs without the fake logo, that can compare to the leading brands without any risk of law violation. The...
Does Tux500 violate the Linux trademark?
2007-05-14 08:12:00 One difference between corporate sponsorship and a... uh... crew of private individuals is that corporations have the forethought to establish that they have the legal blessings of the brand they intend to market before marketing it. In the case of Tux500, we have a bunch of private individuals (two bloggers, a marketing firm, and all their minions) claiming to speak for the entire Linux community, and bossing us all around as if they - and they alone - owned Linux and none of us have the right to say different. They also want to do so with money collected from the Linux community (that's you and me, kiddo) - anywhere from $25,000 to $600,000. In this Slashdot posting as of 1/19/00, Linus Torvalds stated the reasons for registering the trademark of Linux, and the need to protect the good name of Linux. I quote part of this: "- I (and obviously a lot of other people) do not want to have "Linux" as a name associated with unacceptable (or borderline) behaviour, and it's important...
Court Finds No Secondary Meaning for Color Mark Means No Trademark Claims
2007-05-12 19:05:00 On May 4, Western District Judge Ricardo Martinez granted defendant Kalmbach Publishing Co.’s motion for partial summary judgment dismissing plaintiff Rubber Stamp Management Inc.’s federal trademark claims. The Browns Point, Wash.-based craft supplier and seller of decorative rubber stamps had alleged that the defendant publisher gives consumers a false impression about the origin of its craft-making booklets by using a purple arch design that is similar to the “purple arch mark” plaintiff uses on its Web site.Plaintiff’s mark (depicted below) appears on its Web site along with the registered logo, “Addicted to Rubber Stamps,” and a cartoon image of a woman jumping enthusiastically with a rubber stamp held in each hand, placed in the center of the arch. Only the purple in these two other marks was at issue in the case. Plaintiff has used its mark since 2001.Defendant’s design appears on the cover of its Easy-Does-It Ser...
No Secondary Meaning for Color Mark Means No Enforceable Trademark Rights
2007-05-12 19:05:00 On May 4, Western District Judge Ricardo Martinez granted defendant Kalmbach Publishing Co.’s motion for partial summary judgment dismissing plaintiff Rubber Stamp Management Inc.’s federal trademark claims. The Browns Point, Wash.-based craft supplier and seller of decorative rubber stamps had alleged that the defendant publisher gives consumers a false impression about the origin of its craft-making booklets by using a purple arch design that is similar to the “purple arch mark” plaintiff uses on its Web site.Plaintiff’s mark (depicted below) appears on its Web site along with the registered logo, “Addicted to Rubber Stamps,” and a cartoon image of a woman jumping enthusiastically with a rubber stamp held in each hand, placed in the center of the arch. Only the purple in these marks was at issue in the case. Plaintiff has used its marks since 2001.Defendant’s design appears on the cover of its Easy-Does-It Series bookl...
Court Dismisses Trademark Claims in JARRITOS Soft Drink Case
2007-05-09 05:20:00 On May 2, the Northern District of California dismissed plaintiff Jarritos, Inc.’s infringement and dilution claims against the defendant owners of a San Francisco restaurant called “Los Jarritos.” Plaintiff- alleged it manufactures and distributes soft drinks under various JARRITOS trademarks and that defendants’ use of the “Los Jarritos” name and logo in connection with their restaurant infringed and diluted plaintiff’s mark.Defendants moved for summary judgment. On plaintiff’s infringement claim, the court found that even if the parties’ goods were considered related, “the absence of any evidence demonstrating that any of the remaining eight [Sleekcraft] factors tip in Plaintiff’s favor warrant[s] granting summary judgment. Plaintiff bears the burden of demonstrating that ‘confusion is probable, not simply a possibility.’ Cohn v. Petsmart, Inc., 281 F.3d 837, 842-4...
Journalists' Stylebook Shapes How Public Uses Trademarks
2007-04-24 05:52:00 This weekend I bought “The Associated Press Stylebook,” the writing bible used by countless media outlets. I thought it would make a good long-term challenge to try to bring STL more in line with these accepted standards. What I didn’t expect was that the book would have direct implications on the world of trademarks. I now see it is an important force in shaping how news readers use trademarks in everyday life — especially with regard to genericism.The Stylebook instructs reporters that a trademark is a “brand, symbol, word, etc., used by a manufacturer or dealer and protected by law to prevent a competitor from using it: AstroTurf, for a type of artificial grass, for example. In general, use a generic equivalent unless the trademark name is essential to the story. When a trademark is used, capitalize it.” It has similar instructions with regard to “brand names” and “service marks....
Kudos to the US Trademark Office
2007-04-23 11:30:00 Back in September last year, Sellsius alerted me with a fine how-to post on filing a trademark application for several brand names I own, one being "Transparent Real Estate. Later, I received an arcane email describing the disclaimers I also needed to file - I had to disclaim the generic use of the word "real estate" and to the layman, it wasn't quite clear what else needed to be done; there was no checklist. The email included the name and phone # of the Trademark Examining Attorney, Ms. Bulloff. Now, you might assume that the US Trademark Office might be run like the DMV; the processing times take a while and the difficult to understand email was written by trademark attorneys who seem to assume that the action response is obvious. But this is what happened: I called up Ms. Bulloff, and she answered the phoneShe pulled my files electronically and explained exactly what I had to do on the Trademark Office website She doublechecked the wording I needed to use (legal language...
Trademark Infringement and Likelihood of Confusion CLE
2007-04-20 05:50:00 Next Friday, I will be speaking on “Trademark Infringement and Likelihood of Confusion” at a CLE sponsored by the Washington State Paralegal Association. Here’s a preview of my presentation. If you attend, please say hello.
Seattle CLE on Trademark Infringement and Likelihood of Confusion
2007-04-20 05:50:00 Next Friday, I will be speaking on “Trademark Infringement and Likelihood of Confusion” at a CLE sponsored by the Washington State Paralegal Association. Here’s a preview of my presentation. If you attend, please say hello.
Porsche Cayenne cellphone speeds right by the trademark police
2007-04-20 00:00:00 We've seen automakers galore slap their logos and color schemes onto modern day handsets, but what would the world of exotic mobiles be without a Porsche in the mix? Apparently, a Hong Kong manufacturer has taken the duty upon itself, as the presumably unlicensed Porsche Cayenne cellphone is now showing up on overseas streets with a full automotive makeover. Externally, you'll find smooth lines and Porsche-brandings, while a two-megapixel camera graces the hood and a color screen (shown after the jump) sits atop the guages. Although actual specs can't be confirmed, we're hearing that it purs along on dualband GSM, supports microSD flash cards, and plays nice with MP3 / MP4 files. Of course, we aren't expecting the quality of this sub-$200 handset to even come close to that found on your average Porsche, but we'd suggest snapping one up on the double before impending legal action dries up the supply. [Via Textually]
The Trademark Dilution Revision Act Is Misnamed
2007-04-19 03:48:00 As I was attending the International Trademark Association’s roundtable today on the Trademark Dilution Revision Act, I had a thought: the Trademark Dilution Revision Act is misnamed. It really should be called the “Trademark Dilution Replacement Act.” To my mind, that title would be more accurate because the Trademark Dilution Revision Act does not revise the Federal Trademark Dilution Act as much as replace it.Sure, much of the FTDA survives in the TDRA. But as I understand it, the TDRA replaces all of 15 U.S.C. § 1125(c) — where the FTDA used to reside — with brand new text. H.R. 683, which upon enactment became the TDRA, states: “Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is amended — (1) by striking subsection (c) and inserting the following…” which goes on to recite the text of the TDRA. In other words, the old was thrown out and replaced with the new. Right?The Second Circuit apparent...
AstraZeneca Announces Recentin(R) As Global Trademark For Novel Cancer Trea
2007-04-16 21:10:00 AstraZeneca today announced RECENTIN™ as the global trademark for AZD2171, its oral, highly potent and selective vascular endothelial growth factor (VEGF) signalling inhibitor. AZD2171 is currently in Phase II/III development for advanced non-small cell lung cancer (NSCLC) and advanced colorectal cancer (CRC) - as well as a wide-ranging signal search programme in other tumours. Ian Triggs, Global Brand Strategy Director for AZD2171 commented: "The announcement of a brand name represents a key milestone in the development of AZD2171" Dr Nick Botwood, Global Medical Director for AZD2171, added: "Pre-clinical data shows this compound is a potent suppressor of angiogenesis - an established approach in anti-cancer treatment. More importantly, early clinical trial data has also shown encouraging anti-tumour activity with AZD2171 and a side effect profile that appears to be predictable and manageable. The ongoing trial programme will be important to establish how AZD2171 may add ...
By: Oncology
Texas Court Grants Injunction Based on Trademark Dilution Revision Act
2007-04-09 03:58:00 On March 28, the Southern District of Texas granted a preliminary injunction in Pet Silk, Inc. v. Jackson, No. 06-2465, __ F.Supp.2d __, 2007 WL 951635 (S.D. Tex.), against two defendants based on the Trademark Dilution Revision Act. In doing so, it became the first district court to interpret the lessened burden of proof in a favor of the plaintiff.Plaintiff Pet Silk (PSI) sells pet grooming products through distributors worldwide. It is the exclusive licensee of the registered trademark PET SILK. Defendants Robert and Maria Jacobson, doing business as MJM Company, were an approved distributor of PET SILK products for four years. MJM operated and continues to operate several websites, including www.petsilkonline.com and www.mjm-petsilk.com. In July 2006, Pet Silk ended its relationship with MJM. With the exception of posting a disclaimer on one of its websites, however, MJM continued to hold itself out as a distributor or reseller of PET SILK products. Ther...
TRADEMARKED COLOR: Orange Will Remain?
2007-04-05 21:05:00 TRADEMARKED COLOR: Orange Will Remain But Cingular Name To Be Dropped. With the acquistion of BellSouth and Cingular, AT&T announced a transition branding strategy that will initially marry elements from from the Cingular brand including the color orange, the five signal bars and the jack logo with AT&T’s blue circular logo.“Once the transition ends, the color ...
TRADEMARKED COLOR: Is Blue the New Pink?
2007-04-05 16:33:00 In new construction when you see pink insulation you think Owens Corning. They trademarked the color pink, did an excellent job of marketing their unique color and as each new building is constructed it temporarily becomes an advertisement for their product. Now another company is following their lead with the color teal blue. BluWood is treated ...
Nokia purchased Apple's iPhone TradeMark!
2007-04-01 19:15:00 Nokia purchased Apple's iPhone TradeMark!We've received exclusive news that Nokia have purchased iPhone brand today. Now it will be Nokia nPhone. In total for 1,5 billion dollars Nokia has got Apples iPhone TradeMark. Almost all characteristics of phone will remain as announced: Multi-touch System, Intelligent Keyboard, Wireless, Built-in Advanced Sensors, but Nokia developers have made a decision to switch OS from OS X to more Nokia native Symbian 9.1 OS. Sales of new nPhone are expected on autumn of 2007 in US and in the beginning of 2008 in Europe and Asia. You can see photo of a new Nokia nPhone after the jump!
By: GadgetsTown.Com
Die Polizei in Italien bringt eine eigene Modemarke heraus.
2007-03-30 18:18:00 Unter dem Namen ?Polizia? umfasst die Marke jugendliche Entwürfe vom Pullover über das Jackett bis zum T-Shirt ? alle verziert mit Logos der Polizei. Feed abonnieren, Beitrag emailen oder bookmarken...
Foreign Trademark Law Blogs (Pt. 2)
2007-03-27 07:19:00 STL recently highlighted a German-language trademark law blog and a French-language trademark law blog that English readers can now access through the wonders of Google and Yahoo! translation sites. These blogs are a great find because they provide a wealth of information that previously were closed to English readers. However, not all foreign law blogs need translation. Here are three notable trademark law blogs from the United Kingdom, South Korea, and China — all written in English.UK-based IPKat is almost legendary in Europe. Its four-member team has published almost 3,000 posts on “IP News and Fun for Everyone” since June 2003. On the trademark front, it recently discussed the Singapore Treaty on the Law of Trademarks, a franchisor’s attempts to register 800 FLOWERS and 800 FLORISTS in Ireland, and a recent holding that “the word ‘Lithuania’ may not be used in the na...
Larry Birkhead Statement to be Trademarked?
2007-03-24 02:26:00 Anna Nicole Smith?s ex-boyfriend and potential baby daddy #1, Larry Birkhead, has applied to trademark ?goodnight my sweet Anna baby,? - the line he used to comfort Smith while she fell asleep. Birkhead repeated the line at her funeral through his tears. Is this like Paris Hilton wanting to copyright ?That?s hot??
By: Gone Hollywood
Haute Diggety! Fourth Circuit Set to Interpret Trademark Dilution Revision
2007-03-16 04:35:00 The Fourth Circuit is set to consider Louis Vuitton’s appeal of its dismissed dilution claim in Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, No. 06-2267. This case may become the first appellate decision to interpret the Trademark Dilution Revision Act. Earlier this month, the Second Circuit revived Starbucks Corp.’s dilution claim against a New Hampshire coffee company based on the TDRA but did not shed light on how the new statute would be interpreted. (STL discussion of Starbucks Corp. v. Wolfe’s Borough Coffee Inc. here.)The Louis Vuitton case (which STL discussed here), involves the seller of novelty dog toys who markets a chew toy under the name “Chewy Vuiton.” Louis Vuitton calls it dilution. Haute Diggity Dog calls it parody. Applying the TDRA, the Eastern District of New York sided with the seller and dismissed Louis Vuitton’s dilution claim, which Louis Vuitton has appealed.Earlier this month, the Inte...
Haute Diggity! Fourth Circuit Set to Interpret Trademark Dilution Revision
2007-03-16 04:35:00 The Fourth Circuit is set to consider Louis Vuitton’s appeal of its dismissed dilution claim in Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, No. 06-2267. This case may become the first appellate decision to interpret the Trademark Dilution Revision Act. Earlier this month, the Second Circuit revived Starbucks Corp.’s dilution claim against a New Hampshire coffee company based on the TDRA but did not shed light on how the new statute would be interpreted. (STL discussion of Starbucks Corp. v. Wolfe’s Borough Coffee Inc. here.)The Louis Vuitton case (which STL discussed here), involves the seller of novelty dog toys who markets a chew toy under the name “Chewy Vuiton.” Louis Vuitton calls it dilution. Haute Diggity Dog calls it parody. Applying the TDRA, the Eastern District of New York sided with the seller and dismissed Louis Vuitton’s dilution claim, which Louis Vuitton has appealed.Earlier this month, the Inte...
TIPS For The TEAS Plus Trademark Application!
2007-03-14 13:41:00 Aside from your name, address, telephone number, and email address, there's not much left to filing the new TEAS Plus trademark application. (TEAS stands for the Trademark Electronic Application System.) But what is left - the trade name, its classification, its description, and its filing basis - is important. Your Trade Name Your purpose in registering a trademark is to get the widest possible protection for your brand. To do this, file for "standard character" registration by providing the name in plain type (classic font style), for example, CHINATONE. This registration, if accepted, will protect your brand no matter how it is written. Classification The classification of your trade name relates to the actual product or products that you are branding with your trade name. As we saw during the trademark search (If You Think A Trademark Search Is Easy...), each product belongs to one of 34 different classes of goods . If you are using your name for a musical...
Trademark Enforcement as Alleged Antitrust Violation
2007-03-14 06:04:00 Here’s an interesting antitrust theory: Can alleged anticompetitive enforcement of trademark rights constitute an illegal restraint of trade? That’s the question the Eastern District of Washington is considering in Van Well Nursery, Inc. v. MONY Life Ins. Co., No. 04-0245, 2007 WL 716042 (E.D. Wash).Third-party defendant National Licensing Association, LLC, is a for-profit company whose purpose is to enforce the plant patent and trademark rights of others at standardized rates and to share proceeds of its enforcement efforts with its plant nursery members. Defendant and third-party plaintiff MONY Life Insurance moved for partial summary judgment on its counterclaims against plaintiff Van Well Nursery, and third-party claims against National Licensing, for violations of Section One of the Sherman Act, 15 U.S.C. § 1.National Licensing’s membersh-ip is comprised of 18 plant nurseries who otherwise compete with each other. Each nursery has enter...
Foreign Trademark Law Blogs (Pt. 1)
2007-03-11 14:42:00 There’s a wealth of trademark law information out there, and it’s not limited to materials written in English. Translation websites now make foreign-language blogs easy for English readers to access. I’ve recently tried two: Babel Fish, a Yahoo! service, and Google. With a few clicks and a few seconds, these sites provide passable (though not perfect) translations to English from Arabic, Chinese, Dutch, French, German, Greek, Italian, Japanese, Korean, Portugese, Russian, and Spanish. For those who have limited themselves to English language sites, these features almost literally open up a whole new world.Two foreign-language trademark law blogs bear immediate mention. The first is the German-language MarkenBlog (“Marks Blog”). Writing from Kiel, Germany, the Prehm & Klare law firm reports on European trademark law developments in the same tradition that Marty Schwimmer’s The Trademark Blog and Ron Coleman’s Like...
If You Think A Trademark Search Is Easy, You're Not Doing It Right!
2007-03-08 01:43:01 The most fun I've had in developing products is creating names for them. Branding is a mental adventure into an unstructured and limitless world of words and sounds. You can try to add structure to it by putting it on your to-do list or calendar -- 3:00 - 5:00 p.m.: Come up with a name -- but branding, for an inventor, is autonomic. While the left brain develops the invention, the right brain wanders its infinite universe in search of a suitable name. When a brand presents itself to us, however it arrives, we screen it for various kinds of appeal (see 10 Top Tips For Branding Your Invention ). Then, just like we conducted a preliminary patent search to make sure our invention did not infringe on someone else's patent rights (see Be Like Sherlock In Your Patent Search), a preliminary trademark search needs to be done to keep us away from trademark trouble. This search, by the way, is not as much fun as coming up with a name. Search Strategy The Trademark Office define...
Insurer Has Duty to Defend Insured Despite Trademark Exclusion
2007-03-06 20:13:02 An insurer has a duty to defend its insured despite the presence of a trademark exclusion, even when most of the claims involve trademark issues, the Ninth Circuit has held. The case is Western Intern. Syndication Corp. v. Gulf Ins. Co., No. 05-55092, 2007 WL 625264 (9th Cir.) (unpublished) (no opinion online).In December 2002, the Apollo Theater Foundation filed a lawsuit against Western International Syndication Corp. in the Southern District of New York. Apollo alleged that Western had embarked on a systematic campaign of misconduct, including making misrepresentations about Apollo’s TV show, “It’s Showtime at the Apollo,” and using Apollo’s trademarks in connection with a competing program. In March 2004, Western notified Gulf Insurance Co. about the action and requested defense and indemnity pursuant to its commercial insurance policy. Gulf refused, so Western filed a declaratory action in California state court, which Gulf removed to the Cent...
What Are Your Style Trademarks? [5]
2007-03-06 19:33:01 I saw this question asked on the blackcigarette Livejournal community & thought it was really interesting. I used to love the idea of having some piece of jewellery that I always wore — I... A place of congregation for fashion misfits, Vogue vagabonds, les enfants terribles. Dress up, leave a false name, be legendary!
By: iCiNG!
March 6, 1899 ? Bayer Trademarks Aspirin
2007-03-06 19:28:03 On this day in engineering history, Friedrich Bayer & Co. registered "aspirin" as a trademark with Germany's Imperial Patent Office. Felix Hoffman...
For Those About to Rock: Think About Trademark Law (Pt. 3)
2007-03-03 20:09:20 Ok, enough about band names. That’s what I thought to myself after I posted my second installment last week about youthful musicians who get into trademark trouble when they select a name for their band without making sure no one else has already adopted it. But when a lawsuit about a band’s name is filed right in my own backyard, I couldn’t help myself.On February 26, Seattle-based Amazon.com filed suit in the Western District against musicians Treston Irby, Russel Neal and Marcus Sanders. Those persons, along with Tony Thompson and Roderick Clark, toured and recorded under the name “Hi-Five” from approximately 1990 to 1997. In the late 1990’s, the ban-d broke up for good and Mr. Thompson formed a new band with other members that he also called “Hi-Five.” In- 2005, three members of the old “Hi-Five” sued Mr. Thompson and the other members of the new “Hi-Five”...
Many Trademark Registrations May Be Vulnerable to Attack Because of Fraud
2007-03-03 20:09:20 I’m here in New York attending the Practising Law Institute’s CLE, “Navigating Trademark Practice Before the PTO: From Filing Through the TTAB Hearing.” Today we covered a lot of ground, from trademark clearance, to bases for registration refusal, to ex parte appeals. Despite this diverse lineup, there was one issue that seemed to come up over and over: fraud. Fraud on the PTO occurs when a person makes a material misrepresentation of fact that the person knew or should have known was false or misleading. It can occur, for example, when a trademark owner files a declaration of use stating it has made actual use of its mark with all of the applied-for categories of goods. If that statement is not 100% accurate, it is subject to challenge and the entire registration may be cancelled. One presenter stated that the belief that upwards of 50% of registrations may be vulnerable to attack on this ground. That’s a ...
For Those About to Rock: Think About Trademark Law (Pt. 2)
2007-03-03 20:09:20 Last week, STL blogged about upstart bands who were forced to change their name after they started getting popular. Unfortunately, that’s the point when some other band comes out of the woodwork and claims to have adopted the same name years earlier. Even Nirvana wasn’t immune to this problem. It’s understandable that a brand new band playing at the corner bar doesn’t think about trademark law when choosing its name. But has any band learned from the painful lessons in trademark law that Nirvana, Dinosaur Jr, Blink 182, and countless others suffered through after they began to achieve commercial success?The answer is not many. This weekend I searched the PTO database for band names appearing in the College Music Journal’s (CMJ) Top 20 chart for radio play. This list contains the most popular indie bands, some of which are about to make it big-time. Of these 20, only one band has applied fo...
Live From New York, It's ... Seattle Trademark Lawyer
2007-03-03 20:09:20 On Thursday and Friday, I will be attending the Practicing Law Institute’s CLE program on “Navigating Trademark Practice Before the PTO 2007: From Filing Through the TTAB Hearing” in New York. Among other things, this will enable me to report on the oral argument in the Hormel v. Spam Arrest cancellation proceedings, over which a three-judge panel from the U.S. Trademark Trial and Appeal Board will be presiding in a special sitting. (Discussion on this case here.) It also will enable me to meet fellow bloggers and STL readers from the Big Apple. If you’d like to have a cup of coffee (I’m from Seattle, after all), drop me a line.(Photo credit: www.salwen.com)
Apple and Cisco resolved their dispute with iPhone trademark
2007-03-01 01:21:01 Finally Apple and Cisco have resolved their dispute regarding the “iphone” trademark owned by Cisco. It is a very good information for Apple as they can now freely use the iphone name and sell the mobile phone in the US. Cisco and Apple will also collaborate in security, and consumer and enterprise communications. It seems that there is a financial agreement, because “Other terms of the agreement are confidential”. To have a look at the Press Release, click here. Tags:apple cisco iphone trademarkapple, cisco, iphone, trademark
By: iPhone
Collective Trademarks
2007-02-28 17:15:02 What is a ?collective? trademark? A collective mark is a trademark used by the members of a group to indicate association with that group. Popular collective trademarks include American Bar Association, Realtor Associate, Rotary International, American Institute of Certified Public Accountants, as well as the names of various fraternities and sororities. A collective trademark, may also indicate
By: Blawg IT
Cisco and Apple To Share iPhone Trademark
2007-02-23 12:03:02 On a previous post, I discussed the Cisco Systems and Apple dispute on the iPhone trademark and the implications of conducting throughout internet intelligence searching processes. Update: Both companies has agreed to share the trademark. Strange. It will be interesting to see how two difference companies plan on marketing a product or service with the same trademark. For more details, please read: Cisco, Apple Settle ‘iPhone’ Dispute
Apple, Cisco settle iPhone trademark lawsuit
2007-02-23 09:22:02 Cisco Systems and Apple said Wednesday they have settled the trademark-infringement lawsuit over the use of the iPhone name for Apple's new multimedia phone. The agreement allows Apple and Cisco to use the iPhone brand on their own products. Also, the companies said that they would explore opportunities for interoperability in the areas of security, consumer and business communications. The brief announcement made no reference to any financial agreement or specified how the two companies might work together. Representatives for Apple and Cisco declined to comment further, citing confidentiality restrictions. Cisco sued Apple for trademark infringement in January after Apple unveiled its long-awaited multimedia phone called the iPhone, a name claimed by the network equipment maker. Cisco also charged in its complaint that Apple had attempted to get rights to the iPhone name several times, but after Cisco refused, the company created a front company to try to acquire the rights anoth...
By: The Techno Fire
Steps to Register Trademark Logo
2007-02-23 06:42:02 To register a trademark logo some necessary steps should properly be performed. If you have already made your company?s logo or the logo for your client, be sure to follow the following steps for registering trademark logo. 1) The first and foremost step that has to be taken to successfully register trademark logo is to do a design search. A design search refers to performing an authenticity research of the logo so that it does not contravene upon an already existing company logo design. This can be done by professional trademark attorneys, which brings us to our next step; hiring a trademark attorney. 2) A trademark attorney is responsible for market research with reference to your company?s trademark logo and can provide you with valuable advice on many aspects of trademark filing and services. The lawyer will also inform you about whether a logo exists that is similar to yours. He or she will then tell you if it is safe for you to proceed with the designed trademark logo as your...
By: Logo Design Blog
Cisco gets its interoperability, Apple gets its iPhone trademark
2007-02-22 17:52:03 It’s done for the Apple and Cisco lawsuit. The result is both companies would use the same trademark — as expected. Now the settlement done, the battle for interoperability starts and would why not put the not yet available Apple iPhone under risk. Cisco yesterday acknowledges a security flaw in several versions of its IP phones of the Unified IP Conference Station. The list of unprotected phones includes the 7906G, 7911G, 7941G, 7961G, 7970G and 7971G. While those models are speaker phones specially designed for conference rooms, hacker might be interested to break into the Apple iPhone through backdoors implement to set interoperability with Cisco iPhones.
By: 21talks
Cisco, Apple Wrestling Over iPhone Trademark
2007-02-19 20:16:01 The Cisco versus Apple trademark dispute still hasn’t been resolved: Cisco is granting Apple’s request for more time to reply to the lawsuit filed by the networking giant. “Cisco has agreed to give Apple an extension until Wednesday, Feb. 21. Cisco is fully committed to using the extra time to reach a mutually beneficial resolution,” the company stated in a media release. Cisco spokesman John Noh said the company wasn’t seeking money, but wants to negotiate an interoperability agreement with Apple. On January 10, Cisco announced it had filed a lawsuit seeking to prevent Apple from infringing upon and deliberately copying and using Cisco’s registered iPhone trademark. Cisco said it obtained the iPhone trademark in 2000 after completing the acquisition of Infogear which previously owned the mark and sold iPhone products for several years. The original Infogear filing for the iPhone trademark dates to March 20, 1996. Linksys, a division of Cisco, has...
By: Jeff Wu
Cisco, Apple to Further Talks Over iPhone Trademark
2007-02-03 18:59:01 The latest news from the Cisco/Apple trademark dispute over the rights to use the iPhone name indicates that the companies have extended the time that Apple has to respond to Cisco's lawsuit, allowing the pair ...
By: PhoneArea
(This time) Intel won its trademark claim
2007-02-02 17:55:00 Indonesian Supreme Court decided in favor of Intel Corp in a trademark dispute against a local apparel company:The Supreme Court has cancelled a local apparel maker's domestic trademark, ruling that the world's biggest chip maker was entitled to copyright protection as a well-known brand in spite of the fact that Intel Jeans products bore no resemblance to electronic chips. Well, there won't be any Intel Jeans anymore :)But its really a long way to go for Intel. Its brand is being used by quite so many companies from electronic appliances to clothings. If I am not mistaken, Intel lost its claim back in 1993 as the court suggest that intel is not a well known brand.Within 2002-2005, 131 out of 163 IPR claims is for trademark. The cost of litigation is very high, as well as the bureaucracy. If you are curious on how the bureaucracy look like, click here (in Bahasa). |
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