The Trademark Blog - Latest Comments

Re: I Wish The Central District Of California Made Complaints Available On ECF . . .

Erik Pelton — Wed, 16 May 2012 13:33:21 -0000

They make the Otter Box, cases for iPhones, etc. http://www.otterbox.com/

Re: Dear US Trademark Office

Daniel Tobias — Wed, 16 May 2012 09:34:57 -0000

Instead of using proprietary M$ Outhouse stuff, they should use a standardized format like iCal which can be imported into a wide variety of devices and programs.

Re: Kickstarter’s Patent DJ Action Survives Motion to Dismiss By Rival Crowd-Sourcing Firm

Mark Nowotarski — Fri, 04 May 2012 12:35:04 -0000

Kickstarter better hope they win this suit. ArtistShare has just counterclaimed alleging infringement and asking for an injunction.

Re: Contact Martin Schwimmer

elleindian — Mon, 30 Apr 2012 11:06:38 -0000

Hi
Is there a way to subscribe to your blog through mails?

Thanks very much

Regards,
Manik

Re: People Express Alleges ITU Trafficking Scheme

Daniel Tobias — Fri, 27 Apr 2012 15:14:18 -0000

The defendant certainly looks like a "trademark squatter" abusing the law regarding intent-to-use applications, but does the plaintiff have any actual rights on which to sue either? If the trademark was abandoned by the original owner, it may be "fair game" for anybody, regardless of how legitimate or not their business may be.

Re: The Dark Red Night of the Sole, con’t

Maken Ithappun — Fri, 27 Apr 2012 03:03:06 -0000

Whatever happens, my wife CANNOT be allowed to get to this page and see those red shoes. We're in a recession, for crying out loud.
CEO of Transformers Games.

Re: OWN YOUR POWER Found To Be Forgettable

Guest — Thu, 12 Apr 2012 18:29:14 -0000

Seems the SDNY is now employing a threshold test of "use as a trademark" to determine whether a case can survive summary judgment. There is no such test in the Lanham Act nor has there ever been such a test implied - until the strange fact patterns of those now of little interest Internet keyword cases. Bad facts make bad law so here we are! Why not just decide whether THIS use (whatever you want to call it) causes confusion, instead of causing confusion by inserting an unnecessary test (if it's not trademark use, it's not confusing use, and so on and so on...)

Re: This Appears To Be A Real Product

The Hayes Firm — Fri, 30 Mar 2012 18:17:21 -0000

That is pretty intense stuff. It's the priciest punch you'll ever throw...but still, I'm sure it would be worth it.

Re: This Appears To Be A Real Product

Monkey Maniac — Fri, 30 Mar 2012 12:07:00 -0000

"...from my cold, dead hand."

Re: This Appears To Be A Real Product

Monkey Maniac — Fri, 30 Mar 2012 12:05:08 -0000

Just TRY to take my iPhone!

Re: Japanese Trademark Law Revision from Shiga International

MicroSourcing — Tue, 27 Mar 2012 21:35:08 -0000

Japan's law revision does a good job of delineating goods that are commonly clumped together. It clarifies patenting limitations and any other provision that apply to this practice.

Re: Contact Martin Schwimmer

Guest — Tue, 27 Mar 2012 08:28:38 -0000

Right of publicity notwithstanding (New York is very clear about it anyway, but since when does legal clarity deter lawsuits?), a well known public figure will always have 43(a) especially if she already does endorsements or licenses her name mark. The fine line for a good lawyer to find is that between "trademark use" and mere use of an image not for commercial gain. That may not exist in fact but we're dealing with law not reality (OK, there are rare exceptions, like trademark surveys). Although I would brag that I did use that argument successfully with very famous rock groups in my most recent corporate job.

Hey Marty!

Gene Bolmarcich, Esq.
www.trademaksa2r.com
http://smallbizmarks.blogspot....

Re: Another Fish Sticks Story? Fraser v Gorton’s re SEAFOOD TEMPTATIONS

Patent India — Fri, 16 Mar 2012 03:45:29 -0000

Thanks for sharing this article with us. Regard.

Re: DMCA Flowchart

jackobs brandon — Tue, 06 Mar 2012 23:38:28 -0000

Dmca
Takedown Service

i
understand very much through this take down-flow chart and its great technology to save our material

Re: Louis Vuitton Jumps The Shark

esqmarty — Mon, 05 Mar 2012 19:29:43 -0000

Special bonus points for The Princess Bride reference.

Re: Louis Vuitton Jumps The Shark

Jon Jonsson — Mon, 05 Mar 2012 17:49:14 -0000

Fantastic response! Counsel for Louis Vuitton fell victim to one of the classic blunders. The most famous of which is to never get involved in a land war in Asia; but only slightly less well known is this: "Never get into a trademark dispute when education is on the line!!"

Re: You Know Who Needs Expedited Handling of a Trademark Application? Jeremy Lin.

Erik Pelton — Wed, 22 Feb 2012 22:26:40 -0000

It looks as though Mr. Lin is indeed receiving expedited service at the USPTO. His applications were filed February 13th and assigned to an examiner on the 21st.
http://tarr.uspto.gov/servlet/...
http://tarr.uspto.gov/servlet/...

Re: Readily Portable Burrito

Mark Nowotarski — Fri, 10 Feb 2012 09:51:56 -0000

P.S. Great talk at CIPLA the other night.

Re: Readily Portable Burrito

Mark Nowotarski — Fri, 10 Feb 2012 09:50:32 -0000

If you like this one, you'll love US 5713081 aka Three Legged Pantyhose. http://www.google.com/patents?...

Re: Ted Talk – “Lessons from Fashion’s free culture”

Dasha Tnz — Fri, 27 Jan 2012 20:00:34 -0000

Great presentation and a reminder to IP attorneys that protection limits creation instead of generating revenue.

Re: Steve Jobs’ Staircase

Ladders — Thu, 26 Jan 2012 11:01:44 -0000

?!?!? You have this confused. It's a spiral staircase he made. Not this.

Re: Red Hat FEDORA v. Cornell FEDORA

Home Accessories — Tue, 17 Jan 2012 09:11:03 -0000

The Red Hat Fedora is exclusively looking one of the most elegant stuff for me. As the design and concept of this one are really looking heart touching. Thanks for sharing.

Re: Steve Jobs’ Staircase

umaid ali — Wed, 11 Jan 2012 04:26:59 -0000

Thank you

your block is very attractive

mlm software noida

Re: DJ Action re FLY SOCIETY

in ground pools — Sat, 03 Dec 2011 08:21:34 -0000

Crane Stand is simply the highest quality Adjustable Laptop Stand on the market and the only DJ Laptop Stand that is made in the USA. The robust Portable Notebook Stand was rated #1 in stability, and is the only Foldable Laptop Stand with a 3-leg design.

Re: Grew A Mustache and a Mullet, And Ate More Kale

Melinda Massoff — Tue, 29 Nov 2011 12:55:45 -0000

I don't place the kale flat anymore. I cut it up with kitchen shears, remove the stem, toss with light coat of olive oil and add a little kosher salt. Bake at 350 for 15 minutes.