Tag Archives: trademark

ILN Today Post

Do You Need To Threaten Litigation To Trigger Declaratory Judgment Subject Matter Jurisdiction?

Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company.  The letter identified a number of Erbaviva federal trademark registrations, and “request[ed]” Era Organics:

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ILN Today Post

Eeny, meeny, miny, moe…Selecting a brand for your new company or new product

When developing a new brand for your business, it’s not as easy as coming up with a clever and catchy name. Rather, you need to consider conducting additional research into the new brand before investing substantial time and energy into its marketing.

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Success in the battle for Stolichnaya and Moskovskaya

bkp partners Martin Reinisch and Georg Fellner have obtained a favorable judgment by an Austrian Appellate Court for bkp client Spirits International (SPI Group) confirming the latter’s rights in the iconic Stolichnaya and Moskovskaya trademarks in Austria.

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ILN Today Post

U.S. Army goes after Vegas Golden Knights over trademark application

LAS VEGAS (FOX5) – The U.S. Army is declaring war on the Vegas Golden Knights over their trademark application! The Army filed a notice of opposition to the Vegas Golden Knights’ name, claiming the name is associated with their military branch.

The Army has a parachute team that also goes by the Golden Knights. Vegas Golden Knights owner Bill Foley went to West Point and General Manager George McPhee even references the connection in the video they used to introduce the Vegas Golden Knights to the world.

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Will It Be Known As “Michelin Star Athletica”?: Why The US Supreme Court May Have Given American Chefs A Reason To Cheer

Recent years have witnessed a surge in the United States in the appreciation for fine food and those who create it.  Indeed, the concept of the “celebrity chef” has taken such hold in the United States that there are entire television networks and countless magazines (on-line and in print) to cooking, recipes, chefs and the like, not to mention a wide variety of restaurants at all price points trading on the name and reputation of such chefs.  Indeed, in much the same way that sports fans snap pictures of star athletes or look for Top Ten highlights, diners now post from well-known (or even not so well known) eateries on-line reviews and uploaded photographs of each course served to memorialize their memorable food encounters; would-be diners and others take it all in as they try to decide what and where to eat.

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ILN Today Post

2017 Trends in Marketing Communications Law

This issue explores the significant legal issues now facing the marketing communications industry and explains how these issues are likely to affect the industry in 2017, and beyond. In 17 articles, Davis & Gilbert lawyers examine everything from developments affecting influencer campaigns, native advertising, advertising legal marijuana, daily fantasy sports and alcohol industries, to changes in trademark, copyright, patent and privacy law. We highlight where federal and state regulators, the industry’s self-regulators and plaintiffs’ lawyers are focusing, and discuss key decisions from courts across the country.

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ILN Today Post

Now register Trademark as ‘Well Known’​

In a significant development to improve India’s intellectual property regime, rules for registering trademarks have been simplified. This is a step in the right direction as it would boost the ease of doing business.

Now you can register trade mark as “Well Known” and Save potential litigation cost. The registration fee of Rs 1 lakh is insignificant if compared to the savings in potential litigation costs.

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IS YOUR TRADEMARK MERELY DESCRIPTIVE?

photo-1466921583968-f07aa80c526eIn the United States, a trademark can be refused registration on the Principal Register because the trademark is deemed merely descriptive.  If the trademark is not allowed for registration on the Principal Register, it may be eligible for registration on the Supplemental Register.  So, how do you determine if your mark is descriptive and which register should you seek registration?

The main register for most trademarks in the United States is what is called the “Principal Register”.  A trademark that is registered on the Principal Register has certain advantages including using the registration symbol ®, protection against registration of a confusingly similar mark (likelihood of confusion), presumed notice to the public of a claim of ownership of the mark, a legal presumption of ownership of the mark and the exclusive right to use the mark in commerce on or in connection with the goods/services listed in the registration, establishing a date of constructive use of the mark as of the filing date of the application, filing suit in federal court to bring an action concerning infringement, preventing importation of infringing foreign goods by filing the registration with the U.S. Customs and Border Protection, incontestability of the registration, and using the registration as a basis to obtain registration in foreign countries.

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Trader Joe’s trying to make Pirate Joe’s “walk the plank” in U.S. trade-mark case

pirates-1440445_1920In the ongoing dispute between Michael Hallatt, a Vancouver businessman, and U.S. based retailer Trader Joe’s, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) has overruled the 2013 decision of the U.S. District Court for the Western District of Washington (the “District Court”) not to hear Trader Joe’s claim against Hallatt for, among other things, trade-mark infringement, dilution, unfair competition and false advertising.

The dispute arose out of Hallatt’s purchase of products from Trader Joe’s stores in the U.S., particularly in the state of Washington, for resale in Canada (there are no Trader Joe’s stores in Canada).  Hallatt has and continues to mark up and re-sell Trader Joe’s products at his store in Vancouver, named Pirate Joe’s.

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ILN Today Post

Trader Joe’s trying to make Pirate Joe’s “walk the plank” in U.S. trade-mark case

In the ongoing dispute between Michael Hallatt, a Vancouver businessman, and U.S. based retailer Trader Joe’s, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) has overruled the 2013 decision of the U.S. District Court for the Western District of Washington (the “District Court”) not to hear Trader Joe’s claim against Hallatt for, among other things, trade-mark infringement, dilution, unfair competition and false advertising.

The dispute arose out of Hallatt’s purchase of products from Trader Joe’s stores in the U.S., particularly in the state of Washington, for resale in Canada (there are no Trader Joe’s stores in Canada).  Hallatt has and continues to mark up and re-sell Trader Joe’s products at his store in Vancouver, named Pirate Joe’s.

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