The surprise in this TTAB decision is that the applicant filed the appeal at all.
The Trademark Trial and Appeal Board (TTAB) upheld trademark attorney’s decision that the trademark PITTSBURGH GLASS WORKS was primarily geographically descriptive of a glass manufacturer with some business activities in Pittsburgh. For more details, see TTAB Affirms Section 2(e)(2) Geographical Descriptiveness [...]
I Have a Trademark, How do I Evict the Cybersquatter from My Domain Name?
The domain name business remains rough-and-tumble. Little consideration goes into the niceties of paying attention to trademark rights. If you have a federally registered trademark and don’t already have a corresponding domain name, chances are the domain name has already been [...]
Internet Cases: “A recent case arising under the Uniform Domain Name Dispute Resolution Policy (UDRP for short) shows us that the earlier domain name registration is usually going to be on solid ground against a later-arriving trademark owner.” The case is Arizona State Trailer Sales, Inc. d/b/a Little Dealer Little Prices RV v. World Wide [...]
E-Commerce Law: “On April 29, 2010, the United States District Court for the District of Arizona granted, in part, Plaintiff’s request to enjoin the Defendants’ use of certain trademarks and domain names related to skydiving in Arizona. Skydive Arizona, Inc. v. Quattrocchi, 2010 WL 1743189 (D. Ariz. April 29, 2010).”
Hyundai’s thirty second Super Bowl commercial could cost the company a lot more than the cost of production and TV air time. Watch the video and see if you recognize the trademark allegedly being infringed. Click here to see the name of the plaintiff that sued Hyundai for trademark infringement. See the actual complaint.
From the bad PR or what where they thinking department. Orlando Sentinel: “The old goat is back at Lake Mary High, and we are not talking about any former teachers or administrators. No, it’s a staid and not so 2010 image of the school’s ram mascot that has shown up to reclaim his [...]
Arizona Republic: “Former nutritionist Jon Basso [owns the] . . . Heart Attack Grill. The grill is a medical-themed restaurant in Chandler that serves high-calorie foods and no diet drinks. . . . Brasso has become embroiled in a federal lawsuit with the Heart Stoppers Sports Grill on Interstate 95 I-95 in Delray [...]
The Huffington Post: “Had Saints fans chanted, ‘Who Are Those Who Claim They Can Defeat The Saints, Who Are Those?’ then perhaps the NFL would not have found itself in a trademark dispute last week, but instead the fans chanted, ‘Who Dat Who Say Dey Beat Dem Saints, Who Dat, Who Dat’, and [...]
Professor Eric Johnson: “My alma mater, the University of Texas at Austin, has distinguished itself as a trademark bully, happy to squelch free speech in the pursuit of licensing revenues. Here’s just one example: A couple years ago, they sued an outfit making t-shirts, sold to fans of rival Texas A&M, that depicted a broken [...]
Internet Cases: “One of the issues in the case of Autodesk, Inc. v. Dassault Systemes Solidworks was whether Autodesk could claim trademark rights and the letters ‘DWG‘. The .dwg (‘drawing’) file extension is the native file format for Autodesk’s flagship product AutoCAD. Plaintiff Autodesk moved for summary judgment on the trademark issue. The [...]
PC World: “A small Missouri company with the word ‘Bing’ in its name has sued Microsoft for branding its search engine with the same word, alleging trademark infringement and unfair competition by the software giant. Bing Information Design filed the case in a St. Louis circuit court this week, seeking damages including corrective [...]
From the you were nothing until we sued you and gave you national attention that raised your sales big time department: stltoday.com: “The North Face made good on its threat to sue The South Butt. The international apparel maker filed a federal lawsuit in St. Louis late last week alleging trademark infringement by The South [...]
Law.com: Playboy filed “a trademark lawsuit against a Chicago-area attorney who once posed nude for the magazine and wrote an advice column before her contract with Playboy was terminated amid allegations of sexual harassment . . . .”
Law.com: “Forget David and Goliath. This fight’s between Matt and Monster. The maker of Monster energy drinks has taken aim at a Vermont brewery that sells a beer called “The Vermonster,” ordering it to stop selling, advertising and promoting the craft brew because it could confuse consumers. The energy drink-maker, Hansen Beverage Co., [...]
Attorney David Johnson, author of the Digital Media Lawyer Blog, wrote an interesting article on a trademark holder’s choice of forum when seeking to obtain a domain name from a cybersquatter. The action may be a lawsuit in federal court or an arbitration under ICANN’s Uniform Dispute Resolution Procedure. The article is titled [...]
Apple has taken action in Australia against an Australian company called Woolworths for trademark infringement because of the defendant’s new logo. The basis of the lawsuit is that Woolworths new logo is similar to Apple’s logo and would cause the public to be confused. What do you think?
Apple & Woolworth logos
Attorneys for North Face, the clothing line, sent a letter to an 18 year old who started a clothing line called “South Butt.” The demand letter said
Your use of the South Butt & design mark and the Never Stop Relaxing tagline is not defensible as a parody. It is our [...]
Law.com: “After 18 years of decidedly un-cuddly court battles, Walt Disney Co. and the estate of Winnie the Pooh licensee Stephen Slesinger are right back where they started. On Friday, Los Angeles federal district court Judge Florence-Marie Cooper granted Disney’s motion to dismiss all of Stephen Slesinger Inc.’s remaining infringement claims, committing the [...]