The Trademark Blog - Latest Comments

Re: My Summer Vacation: Arsenal v Manchester United

dalmar — Sun, 19 May 2013 05:28:28 -0000

lol

Re: My Summer Vacation: Arsenal v Manchester United

dalmar — Sun, 19 May 2013 05:28:03 -0000

if i ever have a son and he becomes arsenal fan !!!

Re: WOODCHUCK CIDER v WOODCHUCK COFFEE

Daddyman12 — Sun, 19 May 2013 01:25:45 -0000

Woodchuck's Hard Cider Trademark description is very specific as to what it is seeking to trademark. The oval band, the word marks of Woodchuck Hard cider and the style of type. Although it could be said that some similarities exist because of the use of the word "Woodchuck" and an oval being used. The word marks do not wrap around the oval and the oval is not banded, like the trademark. To say that the trademark encompasses Woodchuck Coffee because both are for human consumption it not a right that is given by the trademark. They have specifically sought the trademark for hard cider under alcoholic beverages at the time that Woodchuck coffee was opening. Their fear is not that their current brand identity has been damaged, but rather as they expand to a broad range of food and consumer products, confusion at a local level may result. They only filed recently for securing the word "Woodchuck" as it applies to these broad-reaching products. The mark is live but not registered yet. formal complaints could be made that Woodchuck is too broad to trademark.

My thought is that Woodchuck Hard Cider does not have a strong case and will end up losing their folksy Vermont-based reputation as they get depicted as a bully goliath owned by a foreign conglomerate - and losing their right to use "Woodchuck" for future brands.

I think they should quietly and quickly settle with Woodchuck Coffee and move on..

Re: My Summer Vacation: Arsenal v Manchester United

Cabdilaahi Yuusuf Kabo — Tue, 14 May 2013 09:43:40 -0000

i love man utd

Re: Contact Martin Schwimmer

Beth — Tue, 30 Apr 2013 18:17:45 -0000

thanks for your terrific, and apt, commentary on my father, Allan Zelnick. it was a treat to read.

Re: G DEFY v G DEFY. Plus Distinctive Material.

Hotels San Diego Downtown — Fri, 29 Mar 2013 06:44:05 -0000

what is this? confusion

Re: LUSH v LUSH

Urvish Vic Naik, Esq. — Tue, 26 Mar 2013 20:18:59 -0000

Seems like an easy case of trademark infringement. Am I missing something?

Re: Contact Martin Schwimmer

Urvish Vic Naik, Esq. — Tue, 26 Mar 2013 20:11:15 -0000

Very interesting presentation on 3D-Printers and Intellectual Property rights. It'll be interesting to see if and how IP Law will change moving forward, especially with copyrights and trade dress.

Re: Contact Martin Schwimmer

Guest — Tue, 26 Mar 2013 20:09:26 -0000

Very interesting presentation on 3D-Printers and Intellectual Property rights. It'll be interesting to see what happens moving forward, especially with copyrights and trade dress.

Re: Another Disgruntled Hookah Distributor Case

Hookah Man — Fri, 15 Mar 2013 02:03:44 -0000

Well, good thing I didn't have enough time to try them out. I wonder why they always make these documents so hard to read -_-, geez. So basically, (let me know if I'm wrong), one company is using another company's products and labels them as theirs, am I correct on this? Wherein Welco is the one suing Leo Two?

http://buyhookahonline.org

Re: SMUCKER v SMUCKERLAWSUIT.COM

dtobias — Mon, 04 Mar 2013 20:25:47 -0000

Sounds like nominative fair use... they're using the name to organize a lawsuit against the named company, not to market any competing product.

Re: And Now A Demonstration of Trade Dress

Doug Whitfield — Mon, 14 Jan 2013 14:17:43 -0000

I had no idea about the Marmite one. I got the other two though.

Re: Contact Martin Schwimmer

Mr. Puneet Kapur — Sat, 12 Jan 2013 08:26:01 -0000

PDK Law Firm is an Indian Law firm that specializes in advising clients in relation to their businesses, activities and investments in India. PDK is a full service law firm and provides qualified and experienced advice on most challenging transactions and assignments involving variety of Indian Laws, regulations and policies. Our Practice Areas : 1) Intellectual Property Rights (Patents, Trademarks, Copyrights, Design Rights, IP Portfolio Management and Analysis), 2) Business and Commercial Law (mergers & acquisitions, private equity, commercial law, equity capital markets), 3) Banking and Finance (financial services, business restructuring and insolvency, project finance, capital markets), 4) Litigation and Arbitration (commercial litigation, international arbitration, investment disputes, alternative dispute resolution), 5) Anti-Trust/Competition Law (competition disputes, regulatory and public affairs, state aid), 6) Direct and Indirect Taxation.

Re: I Have Been Telling You Non-US People That This Could Happen (Overly Broad Madrid Extension Subjected To Fraud Attack)

Matthias Berger — Wed, 09 Jan 2013 10:17:58 -0000

This is a long awaited decision! I have been telling my European clients for years about the bona fide intent to use problems when they extend their International Registrations to the US but not all are taking this issue seriously.

Re: Earring Magic Ken? Goth Version of Tweety Bird?

Amira Aziemah — Sat, 05 Jan 2013 04:40:50 -0000

What tweety bird trademark?

Re: I Have A Question For You About The Costs of International Filing

Lisa Garono — Fri, 04 Jan 2013 14:22:34 -0000

When I was in-house, we used to look for annual country revenue of at least 4-5x the costs
from normal costs from filing to registration in order to justify the registration. But usually the revenue was going to be more than 100k/year or negligible. So what I found was that giving the business that a metric really helped them focus their priorities.

Re: I Have A Question For You About The Costs of International Filing

Paul Reidl — Fri, 04 Jan 2013 12:01:22 -0000

As someone who was in house for 18 years and faced this question all the time, I can say from my experience that this decision was left to the regional VP and in almost all cases the instructions were to clear and register the marks. This was for two reasons: (a) the business people did not want any blowback from retailers or the distributor if a problem arose, and (b) they always projected sufficient margins to justify entering the market with the product in the first place, which meant that the cost of brand protection was also justified.

Re: I Have A Question For You About The Costs of International Filing

Pamela Chestek — Fri, 04 Jan 2013 11:45:04 -0000

Oh, do share what you find out!!

Re: TREK Bikes v CROSSTREK Cars

comment_comment_comment — Thu, 20 Dec 2012 18:51:44 -0000

"Trek is now suffering from Subaru’s misuse of its marks and will continue to suffer ongoing harm unless the Court grants it permanent relief by precluding Subaru from continuing to infringe its trade name and registered marks."

Suffer? These a-holes have no idea what suffering is.

Re: TREK Bikes v CROSSTREK Cars

Steven Reiss — Wed, 19 Dec 2012 15:16:20 -0000

How about them also suing "Star Trek" while they're at it? What a bunch of a-holes these lawyers are......

Re: Slep-Tone Karaoke Complaints

KJinAZ — Thu, 13 Dec 2012 17:52:53 -0000

They sold the rights to their music catalog copyrights. They no longer own those rights. they are now owned by Stingray in Canada.

Re: 13 Records Or Tapes For $1

Ron Coleman — Fri, 30 Nov 2012 11:45:13 -0000

Yes. I remember it fondly!

Re: Housewife From [your town] Loses 47 Pounds!!

Timothy Campbell — Fri, 23 Nov 2012 20:25:48 -0000

I have been searching the net to find out how many people are discussing these geotargeted ads. I'm surprised to find that there isn't that much discussion. The falsity of the ads is an open-and-shut case if (like me) you live in a remote rural area. I am being asked to believe that local housewives are discovering miracles and legal work-arounds every other day!

Surely it wouldn't be hard for the FTC to identify and prosecute such offenses, but ... does the FTC actually do this kind of detective work? I don't know. I do know that I recently became so offended after seeing the 1000th (more or less) such ad that I located the originator's Wikipedia article and checked it for accuracy. Lo and behold, it wasn't entirely accurate. Indeed, the company it profiled sounded wonderful! So I updated it to include their recent $2 million settlement with the FTC.

It's probably a futile gesture on my part, but I react negatively when lying is automated in this way.

Re: If You Like CAMEL, You'll Love Our CAMEL Like Flavored E-Liquid

e cig uk — Thu, 01 Nov 2012 10:49:27 -0000

The smoking cigarettes solution is then heated up by the atomizer into smoking, just like a small fog machine.

Re: Village Voice v Yelp (BEST OF _ v BEST OF _)

dantobias — Fri, 26 Oct 2012 13:25:13 -0000

How did they ever manage to get away with registering a trademark on such a generic thing as "Best Of [place name]" anyway? Would a geographically-named music group like Chicago or Kansas be violating a trademark if they named a greatest-hits album "Best Of [group name]"?

The Trademark Blog - Latest Comments

Re: My Summer Vacation: Arsenal v Manchester United

Re: My Summer Vacation: Arsenal v Manchester United

Re: WOODCHUCK CIDER v WOODCHUCK COFFEE

Re: My Summer Vacation: Arsenal v Manchester United

Re: Contact Martin Schwimmer

Re: G DEFY v G DEFY. Plus Distinctive Material.

Re: LUSH v LUSH

Re: Contact Martin Schwimmer

Re: Contact Martin Schwimmer

Re: Another Disgruntled Hookah Distributor Case

Re: SMUCKER v SMUCKERLAWSUIT.COM

Re: And Now A Demonstration of Trade Dress

Re: Contact Martin Schwimmer

Re: I Have Been Telling You Non-US People That This Could Happen (Overly Broad Madrid Extension Subjected To Fraud Attack)

Re: Earring Magic Ken? Goth Version of Tweety Bird?

Re: I Have A Question For You About The Costs of International Filing

Re: I Have A Question For You About The Costs of International Filing

Re: I Have A Question For You About The Costs of International Filing

Re: TREK Bikes v CROSSTREK Cars

Re: TREK Bikes v CROSSTREK Cars

Re: Slep-Tone Karaoke Complaints

Re: 13 Records Or Tapes For $1

Re: Housewife From [your town] Loses 47 Pounds!!

Re: If You Like CAMEL, You'll Love Our CAMEL Like Flavored E-Liquid

Re: Village Voice v Yelp (BEST OF _____ v BEST OF _____)

Re: Village Voice v Yelp (BEST OF _ v BEST OF _)