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How To Globally (And In China) Protect Your Trademark
2008-10-19 10:37:00 Now I know I am always writing on protecting trademarks in China, but that is because I have seen far too many companies make the mistake of believing they do not need to register their trademark in China either because they have registered it in the United States or because they are "just" manufacturing their product in China, not selling it there. Both beliefs are wrong and both beliefs can lead to the same result: someone in China being able to prevent you from using a name or mark you thought belonged to you. Anyway, Laurel Delany, of the always very informative Global Small Business Blog recently did a post on global trademark protection, entitled, "Globally: Protect Yourself." The piece does a nice job emphasizing the steps companies must take to protect their trademarks overseas and it links to Ms. Delany's story in this month's Entrepreneur Magazine. I actually have one tiny beef with the article though. It quotes US attorney Peter Sloane saying that "A pending [tra...
By: China Law Blog
Trademark Protection In The Global Marketplace
2008-09-18 08:14:00 This article was written by my friend, Brian Geoghegan, who describes himself as having "practiced trademark and copyright law since graduating in 1985 from the University of California at Berkeley School of Law (Boalt Hall). In 2003, he finally left behind the megafirm lifestyle and founded GeoMark, a boutique trademark and copyright law firm." Trademarks are among the most important assets of any company. Indeed, if it weren't for trademarks, customers would be unlikely to even find a company's products. Naturally, then, most companies want to protect these essential and valuable assets to the greatest extent possible and therefore make sure that they are registered with the United States Patent & Trademark Office (the "USPTO"). But many companies stop there, thinking the job complete. It doesn’t occur to them that trademark rights are territorial and that owning a United States trademark registration creates no rights whatsoever outside the borders of the U.S. I...
By: China Law Blog
Still No USOC Lawsuits Over Seattle-Area Use of OLYMPIC as Trademark
2008-06-09 05:10:00 Not to tempt fate, but I couldn’t help but notice that the U.S. Olympic Committee has not flooded the Western District of Washington with lawsuits over Seattle-area companies’ use of OLYMPIC in their names and trademarks. (See STL posts on this issue from August 12, 2007; Jan. 10, 2008; Jan. 13, 2008; and Jan. 28, 2008). In fact, the USOC has not filed a single lawsuit in the Western District despite hundreds of Washington businesses making use of the word that has caused the USOC to send letters to some demanding that they cease and desist such use. Its heavy-handed demand letters notwithstanding, the USOC seems to have a lighter touch when it comes to filing suit. Knock on wood.
Jealous "Cash Now Pusher" Bogarting JG Wentworth's Trademark?
2008-06-01 00:00:00 Is Woodbridge Investments' Bob Shapiro a "factoring industry" voyeur? I say that because for some reason it seems that his company's long telescope is trained on JG Wentworth. Is is it out of jealousy, or something more sinister? Read on...
Starbucks May Oppose Seattle's Rat City Rollergirls Trademark Application
2008-05-31 19:02:00 Confusingly similar? Likely to cause dilution?Sorry for the delay, but this hit the media while I was at INTA…. Starbucks Corp. has been granted an extension of time to oppose the Rat City Rollergirls, LLC’s application to register its design mark used in connection with “Coordination of recreational sporting opportunities for individuals who wish to participate in team league sports; Promoting sports competitions and/or events of others.” The Rat City Rollergirls are Seattle’s roller derby league.The Seattle Post-Intelligencer quotes a Starbucks spokesperson as saying: “We haven’t opposed it — we have asked for more time to look at it.” She added: “There’s a lot of room for us to work together to find a mutually beneficial conclusion here.”The paper also quotes Rat City’s lawyer as saying: “The Starbucks lawyer said that the girls on the roller derby team look scary,...
Wipro Lighting wins trademark infringement case
2008-05-31 09:17:00 Wipro Consumer Care Lighting has won a trademark infringement case against a Delhi company that had been using its brand name and similar ... Click on Headline to read full Article..
Notes in Adidas v. Payless Trademark Dispute Reveal Juror Mindset
2008-05-13 05:39:00 Interesting to see juror notes become a part of the docket in the recently-decided case of Adidas America, Inc. v. Payless Shoesource, Inc. As many will recall, an Oregon jury last week found Payless’ use of two- and four-stripe designs for athletic shoes infringed Adidas’ three-stripe design for its competing athletic shoes.In an undated note to District of Oregon Judge Garr M. King, a juror asked: “If this case was found for adidas, would adidas own 2 and 4 stripes?”The court’s response: “The legal ownership of two and four stripes, generally, is not an issue in this case. The issues for consideration involve only the shoes accused in this case.”This guidance undoubtedly is correct. But for a litigator it’s always fascinating (and, I’ll admit it, sometimes scary) to see what goes through jurors’ minds. This was important enough a question for a juror to ask — and the response essentially was an i...
Blue Nile Settles Trademark Dispute over BUILD YOUR OWN RING
2008-05-12 01:46:00 After the Settlement: Portions of Blue Nile’s and James Allen’s “BUILD- YOUR OWN RING” and “Design Your Own” Web pagesOn May 8, Western District Judge Thomas Zilly dismissed Blue Nile, Inc.’s lawsuit against competing online jeweler James Allen Diamonds, Inc. and JamesAllen.com LLC based on the parties’ stipulation. The complaint had alleged that defendants’ use of BUILD YOUR OWN RING as a trademark infringed Blue Nile’s pri-or common law rights in the same mark. Defendants had denied Blue Nile’s allegations and asserted in counterclaims for declaratory judgment that their use of the words did not infringe Blue Nile’s trademark rights and that BUILD YOUR OWN RING was invalid because it did not function as a protectable trademark.The terms of the settlement are not known to STL, but it appears that defendants have changed their alleged use of “Build Your ...
Trademark removal - the aftermath
2008-05-07 22:24:00 So after all the hoopla about Google removing the trademark protection from its Adwords system (of which I only got chance to write about once as I was too busy doing something about it at work!) what was the outcome? The removal happened on Monday (bank holiday, coincidence? I think not) while most of us were enjoying the good weather or a badly played round of golf in my case. You can be damn sure there were no affiliates out on the golf course as they were all in-doors getting on as many brand terms as possible to make the most of the changes. The net affect from what I have seen is the obvious rise in brand ownerships CPCs (about 30-60p increase on average) which is a big deal if you are somebody who relies no their brand sales to bring down the overall cost of the medium.  Affiliates and clued up competitors are having a field day at the moment with not many people following Tesco’s moral stance of not bidding on competitors terms. I personally think it will all b...
Sunday Linky Love
2008-05-05 07:35:00 These flower pot and gummy worm treats are such a great idea for a kids party. Trademark cases are popping up all over these days. Sk*rt is changing their name due to the threat of a lawsuit. Time magazine did a story on James Rhoades and his quest to have a relationship with his son. I’m glad ...
By: The Bean Blog
Meta Tags Constitute Trademark Infringement or Not?
2008-05-03 00:00:00 A couple of influential court cases in the US have been decided, however, they differ on the overall outcome when it comes to use of trademarked words in META data including keywords constitute trademark infringement. North American Medical Corp. v. Axiom Worldwide, Inc. But in this case, I do not think Axiom denied placing those terms in their meta tags. The question Goldman has is, did the meta tags influence the site to rank for those terms? Google has told us they ignore the keywords meta tag, but said they do use the meta description tag. But would the meta description tag alone be enough to rank a site for? Hard to say. But if you add some links to the equation, then it is a no brainer. Search Engine Land Although Axiom?s website never displayed NAM?s trademarked terms to visitors and never mentioned NAM or NAM?s products, Axiom nonetheless included the terms within its meta tags to influence Internet search engines. For instance, evidence in this case indicated that, before A...
By: SEOPittfall
How to Find the Right Expert Witness for Your Trademark Case (Part 2)
2008-04-28 03:01:00 STL’s previous post offered some strategies for finding the right expert witness in trademark cases. On Friday, the Las Vegas Trademark Attorney blog added a few suggestions, including the following: “One popular online source is the online expert witness directory JurisPro. Other expert witness websites listing the credentials of various trademark experts include ALMExperts.com, expertwitnesses.com, and Intota.com.” These are good tips. Thanks, Ryan. For Westlaw users out there, here is another that I think is particularly worthwhile. The Intellectual Property Expert Witness Filings (IP-EW-DOCS) database contains expert reports, affidavits, deposition transcripts, and trial transcripts of expert witnesses who have testified in IP cases. This is a good way not only to identify who the quality trademark experts are, but also to learn how they have testified in previous cases. These same materials are great for those preparing ...
Want An Eco Trademark? Stand in Line
2008-04-27 14:19:00 According to the report, Trends in Trademarks, applications for patents on trademarks, logos and taglines reached an all time high in 2007. And chief among the requests?those related to green...
By: Green Options
The SEO Trademark Tussle gets Nasty
2008-04-25 14:24:00 Earlier this month we informed our readers that a guy named Jason Gambert had been running around in the Trademark Office trying to get the term Search Engine Optimization (SEO) trademarked. (...)
How to Find the Right Expert Witness for Your Trademark Case
2008-04-25 05:18:00 Expert witnesses can be hugely important in trademark cases. Part-icularly through survey evidence, they can help establish if a mark is generic (and hence unprotectable); that a descriptive mark has acquired secondary meaning (and therefore is protectable); that a mark has actually confused or is likely to confuse consumers with another mark; that a mark is famous; and that one user’s mark is likely to cause dilution by blurring or dilution by tarnishment. Experts also can help establish the opposite of these propositions.So how do you find a capable trademark law expert? Here’s what I’ve come up with. First, check out trademark cases in which expert testimony has been offered. Find cases like yours. If neither the opposing side nor the court has blasted holes in the expert’s methodology, there’s a good chance they know what they’re doing. Second, ask around. The INTA list serve and other trademark law practitioners would be a ...
Apple gets the iPhone trademark in Japan
2008-04-23 17:40:00 Everybody calm down for a minute, this just what one site is reporting, and this does not mean that an iPhone is coming to Japan, not just yet at least. It is telling though, that Apple at least has an interest in Japan. Why this matters so much though, as opposed to other countries the iPhone goes to, is what type of network they run in Japan. If what they are saying is true, then the iPhone just could be on it’s way. If you guessed 3G, then you are absolutely correct. Unlike the US, where AT&T offers a GSM network, and a 3G network, in Japan, they have already abolished traditional GSM in favor of 3G GSM, which is actually W-CDMA. 3G of course offers faster data, better voice quality, and overall more interactivity than the 2G based GSM technology. For the iPhone to come to Japan, it would have to be 3G enabled. Apple negotiating terms for the iPhone trademark in Japan, means they got their eye on Japan. We all know the 3G iPhone is coming soon, but Japan is just anoth...
Apple secures trademark for iPhone in Japan, Japan may get 3G?
2008-04-23 13:02:00 It is reported that Apple is making friendly advances with Japanese company Aiphone, and both companies have apparently struck up a deal over the use of the iPhone trademark in Japan which allows both Apple and Aiphone to use said trademark. Although Aiphone isn?t quite the same as iPhone, apparently, both words are indistinguishable when transferred ...
By: Phones Review
Two More Regional Trademark Law Blogs Worth Checking Out
2008-04-21 01:32:00 I think it’s a great model. Pick a geographic region, and try to cover it well. In recent weeks I’ve come across two regional trademark law blogs that embrace this approach. Both are well worth checking out.First is the Maryland Intellectual Property Law Blog. Sure, it’s not only about trademarks, but publisher Brian Higgins offers plenty of interest for those who practice in our area. I particularly like his statistical analysis of new trademark filings — both in federal court and with the Patent and Trademark Office (with sweet bar graphs — I’ve got to figure out how to do that). Good Maryland case summaries too. No wonder this blog has become so popular.The other is the Los Angeles Intellectual Property Trademark Attorney Blog, published by Milord Keshishian. This blog helps practitioners stay on top of active trademark happenings in southern California. (Indeed, according to the Maryland Intellectual Property Law ...
Apr/08/08 Trademark Confusion
2008-04-18 10:01:00 On Febrary 15th, 2008 a California district court ruled that a defendant’s use of a trademark in a keyword and sponsored search By Elizabeth Stollings, Sedo’s Legal TeamOn February 15, 2008 a California district court ruled that a defendant’s use of a trademark in a keyword and sponsored search advertisement caused initial interest confusion which ...
Unscrupulous Companies Target Unsuspecting Trademark Owners
2008-04-17 05:19:00 This morning, a client forwarded me an email it received from a company ostensibly doing business in China. The email read as follows:RE: Intellectual property rightsDear CEO,We are the domain name registration organization in Asia, which mainly deal with international company’s in Asia. We have something important we need to confirm with your company. On the April 14, 2008, we received an application formally. One company named [Fake Company] wanted to register following Domain names:clientstrademark.asiaclie-ntstrademark.cnclientstrademark-.com.cnclientstrademark.com.hkc-lientstrademark.com.twclientstr-ademark.hkclientstrademark.twIn-ternet Trademark: clientstrademarkthrough our body.After our initial examination, we found that the keywords and domain names applied for registration are the same as your company’s name and trademark. These days we are dealing with it. If you do not know this company, we doubt that they have aims other than to buy thes...
Trademark dispute over Facebook name
2008-04-16 03:52:00 April 16, News.com.auFACEBOOK founder and chief executive Mark Zuckerberg is caught up in a fresh legal dispute with a former college friend.Aaron Greenspan has filed a petition with the US Patent and Trademark Office to cancel the social networking website's legal entitlements to its name.Mr Greenspan, 25, claims his ex-classmate Mr Zuckerberg, 23, shouldn't have been able to trademark the name "Facebook" in 2005 as it had been used generically at Harvard for decades.The term "face book" was used to describe any paper or electronic tool that displayed the faces of students and faculty, Mr Greenspan said.He added that he used the name "Face Book" for his own project, houseSYSTEM, in September 2003. Four months later, Mr Zuckerberg launched thefacebook.com.Mr Greenspan claims he has email evidence to show Mr Zuckerberg knew about the houseSYSTEM "face book" feature and even considered merging it into his own growing network.Facebook now has over 70 million users worldwide and has b...
Class Action Trademark and Anti-Cybersquatting Lawsuit Against Google and D
2008-04-15 00:00:00 Posted by Sarah Bird, Esquire May It Please the Mozzers, According to Google, its Adsense program for domains "allows domain name registrars and large domain name holders to unlock the value in their parked page inventory." After a ruling by the Northern District of Illinois a few weeks ago, Adsense may also allow plaintiffs’ attorneys ...
Five-Year Delay May Cut Off Trademark Infringement Damages, But Not Claim
2008-04-14 06:18:00 In Sonoma Foods, Inc. v. Sonoma Cheese Factory, LLC, plaintiff cheese maker sued defendant cheese maker in the Northern District of California. At issue was Sonoma Cheese Factory’s use of Sonoma Foods’ registered trademarks, SONOMA CHEESE FACTORY and DESIGN and SONOMA JACK (the “Bull Trademarks”), allegedly constituting infringement and a false description or passing off. According to Sonoma Cheese Factory, before December 31, 2001, Sonoma Foods owned and operated the Sonoma Cheese Factory retail store. On that date, the corporation was restructured; Sonoma Cheese Factory, LLC, was formed; and Sonoma Foods transferred the retail store to the new entity. When Sonoma Cheese Factory acquired the store, it continued to use the same signs and packaging that Sonoma Foods had used. It is that use about which Sonoma Foods complains. Two Photos Sonoma Cheese Factory submitted in support of its motion for part...
Free Url Submissions - PageRank is a trademark of Google
2008-04-12 18:51:00 Free Url Submissions Add to www.google.com Add your URL to Google Google indexes the text that is visible on any page that it crawls. It's a very good idea to write a good description of the page and build it around the most likely search term(s) and place that near the top of your page. Google uses a proprietary PageRank algorithm for determining relevance and ranking of pages in the search results. The name PageRank is a trademark of Google. PageRank is derived in large part from the PageRanks of other pages. Submit your site ! A collection of directories for submiting your site! Add URL To Search Engines ! Free URL Submissions ! Free URL Submissions here Best links to URL Submissions Best Free Url Submissions DMOZ.org ExactSeek.com Google.com Livesearching.net MSN.com ScrubTheWeb.com Search-O-Rama.com SearchSight.com SingingFish VXbox.com Yahoo.com Websquash.com Sahfor.com Add URL-Free.com Aeiwi.com Allfreethings.com Walhello Internet Search Free website direct...
Trademark mayhem in the name of ad dollars
2008-04-10 17:38:00 So Google have finally done it. Sacrificed their morals on trademark protection in the name of more revenue by opening up all brand terms, whether registered trademarks or not, to anybody who chooses to bid on them. This has been their system in the US and Canada for a while now and their arguement is that it provides a better user experience by offering the searcher companies which provide the same product or service as the one whose trademark they have searched for. The changes will come into play on May 5th and from this point any advertiser will be free to bid for any brand terms they choose. Fittingly this is a bank holiday in the UK and so the mayhem which will undoubtedly unfold will do so when the majority of industry representatives are away from work! If you remember what happened when Google made changes to their minimum bid system (and it all went t*ts up!) it makes you wonder whether this date has been set intentionally by the big G. So cue brands bidding on ...
How to Protect your Brand from the Google UK Trademark Change
2008-04-10 00:00:00 The big talking point over the last week has been about Google’s decision to allow trademark bidding in the UK. Everyone seems to have an opinion about whether allowing trademark bidding is a good or bad idea, I understand why Google would want to keep a good relationship with advertisers by preventing competitors bidding for their ...
By: SEO Blog
National Trademark Expo to be held at USPTO?s Alexandria Campus April 10-12
2008-04-10 00:00:00 U.S. Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Jon Dudas will formally open the National Trademark Expo on Thursday, April 10. Joining Under Secretary Dudas will be Alexandria Mayor William D. Euille, Smokey Bear, the Pillsbury Doughboy®, Sprout® and other iconic trademarked characters. Also on hand will be Anson Williams, who played ?Potsie? on the 1970s TV series, ?Happy Days.? His firm Starmaker Products is an exhibitor at the Expo.
National Trademark Expo to be held at USPTO?s Alexandria Campus April 10-12
2008-04-10 00:00:00 U.S. Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Jon Dudas will formally open the National Trademark Expo on Thursday, April 10. Joining Under Secretary Dudas will be Alexandria Mayor William D. Euille, Smokey Bear, the Pillsbury Doughboy®, Sprout® and other iconic trademarked characters. Also on hand will be Anson Williams, who played ?Potsie? on the 1970s TV series, ?Happy Days.? His firm Starmaker Products is an exhibitor at the Expo.
Trademark SEO? Come On!
2008-04-09 13:07:00 It seems the world we live in has recently been relocated to the 'Twilight Zone'. (...)
US Court Rules Meta Tags Can Constituted Trademark Infringement
2008-04-09 08:27:00 Eric Goldman reports that an 11th circuit, US Court of Appeals has upheld a district court’s decision that the use of trademarked terms in meta tags can cause confusion and thus can constitute trademark infringement. North American Medical Corp. v. Axiom Worldwide, Inc. docket number 06-01678 CV-JTC-1 (PDF) doesn’t specifically say if the trademarked terms ...
Yacht Maker Sues Competitor Over ALEUTIAN Trademark
2008-04-08 06:30:00 On April 2, Seattle-based Grand Banks Yachts Pte. Ltd. filed a trademark infringement suit in the Western District against Tacoma-based Aleutian Yachts, LLC. At issue is the parties’ use of ALEUTIAN in connection with their competing yacht building businesses. The complaint alleges that Aleutian’s use of its ALEUTIAN mark is “likely to lead consumers to mistakenly conclude that the yachts marketed and sold by defendants were exclusively or jointly built by, licensed or certified by, or otherwise sponsored or approved by Grand Banks, or that [Aleutian’s] products or websites are somehow affiliated, connected, or associated with Grand Banks.” Grand Banks also alleges that Aleutian wrongly registered the aleutianyachts.com domain name. Aleutian has not yet filed its answer. The case cite is Grand Banks Yachts Pte. Ltd. v. Aleutian Yachts, LLC, No. 08-513 (W.D. Wash.).
Konami ?Castlevania: Order of Ecclesia? Trademark
2008-04-06 05:28:00 Great news, the US trademark database shown that Konami has trademarked “Castlevania: Order of Ecclesia“. This is probably the name for a new Castlevania game for the nex-gen systems, for now all we have is this sick game logo.
Apple Applies For AppStore Icon Trademark
2008-04-01 16:48:00 On March 31 the US Patent & Trademark Office published Apple’s latest figurative trademark representing their AppStore icon.iPhone or iPod touch users will be able to press this icon on their SpringBoard to launch the Apple iTunes Store from which they will be able to purchase new mobile applications. The AppStore was introduced earlier this month during Steve Jobs's iPhone Roadmap Event.This blog will tell you how to Unlock Jailbreak Activate and Hack your iPhone and iTouch firmware for FREE
Apple Applies For App Store Logo Trademark
2008-04-01 08:39:00 In a move to protect their intellectual property, Apple has filed a trademark application for the App Store icon, which was published today. The logo appears on nearly every piece of documentation pertaining to the developer's program and will be seen on every iPhone and iPod touch come June, so it's understandable that they would want to claim rights over it. read more
Apple Gets iPhone Trademark In Japan, Spanish iPhone By May?
2008-03-31 09:48:00 It appears that Apple has finally secured the trademark rights for "iPhone" in the islands of Japan. The Nagoya-based company Aiphone issued a press release recently stating that they would be allowing Apple to use the name, which is pronounced the same as "iphone" there. read more
Update: Canadian iPhone Trademark Status
2008-03-28 08:13:00 When is the iPhone coming to the Canada? We don’t know! However, if the following update on the Canadian iPhone Trademark status gives us any hints, it should be here soon. We just don’t know when! As some of you may already know, a Canadian company named Comcave owns the trademark for “iPhone” in Canada. Comcave ...
Canadian iPhone trademark status update!
2008-03-28 03:04:00 iPhoneWorld.ca: iPhone World reader Roberto sends news that the Canadian Trademarks database was just updated with new information relating to the iPhone trademark in Canada. As it’s known, currently Apple and Canadian VoIP provider Comwave are battling it out over the iPhone trademark in Canada (most likely, Comwave, a small-medium scale company operating from ...
By: iPhone World
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 Hearts, 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).
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 Trademarks, 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 ...
When is a trademark not a trademark
2008-03-14 16:45:00 When DB says it is. TFN has lost its trademark infringement claim against FreecycleSunnyvale. This news is hot off the press. See this post on fcnext for more info. Get this Deron Beal, your trademark claims were bad for this freecycling industry. They were divisive and control freakery of the worst dimensions. And you have spent ...
Learning from Xerox's trademark makeover
2008-03-13 06:57:00 PRESS RELEASE: Here at Xerox Corporation we've got a problem and we think we can fix it in 2008 with a brand makeover. Customers are being drawn to Canon, Hewlett-Packard and Toshiba. Don't even mention Nokia or Apple! We have said goodbye to our almost 50 year old logo. Today we'd like you to meet our new logo.
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 ...
Finding And Registering A Trademark For Your Business
2008-03-12 00:00:00 A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. Federal ...
By: Resources zone
Trademark Law and Domain Names: ACPA or UDRP?
2008-03-10 10:10:00 Posted by Sarah Bird, Esquire May It Please the Mozzers, Happy Legal Monday! Fuel up on that caffeine because today I want to discuss how trademark law plays out in the course of a domain name dispute. We’re going to compare and contract the Anti-Cybersquatting Consumer Protection Act with I-CANN’s Uniform Domain Name Dispute Resolution Policy. As ...
Change Your Car's Oil. See Your China Trademark Lawyer.
2008-03-05 09:04:00 Just came across a great post on the benefits of using lawyers before you encounter a problem. The post is entitled, "Cautionary Tale: Hire Trademark Attorney or Change Name -- Three Times," and it rightly bills itself as "a cautionary tale for business owners who adopt a trademark before talking to a trademark attorney." The tale is as follows: Zenith Vineyard in Oregon’s Willamette Valley might win the viticultural prize for having the most names in the shortest period. D.A. Davidson food-industry analyst Tim Ramey settled on Zenith after trademark disputes over his vineyard’s two other names. Two years ago, London-based Diageo opposed the first name, Belle Provenance Vineyard, saying it was too close to that of Provenance Vineyards in Napa Valley. Ramey then tested the name Belle Orgine Vineyard but ran into trouble with Albertsons over its private-label wine called Origin. Finally, last year he changed the name to Zenith Vineyard. “We were never willing to hire a trad...
By: China Law Blog
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...
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...
Gramin Nuvifone: Trademark Violations
2008-02-28 14:57:00 Most likely thinking that it would be plain sailing to get into the mobile phone business, it looks like Garmin have made a big mistake/ They are now facing a lawsuit over the Nuvifone. Apparently they have crossed trademark boundaries and internet telephone provider Nuvio Corp, feel that Garmin are stepping all over their good ...
By: Product Reviews
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&... |
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