• trademark

    Bratz Mandamus Denied

    by  • August 13, 2008 • copyright, trademark

    The 9th Circuit, brief and to the point: Petitioners’ motion to file portions of the emergency motion and the petition for writ of mandamus under seal is granted. The motion to exceed the page limitation on the petition is granted. The emergency motion for an order suspending trial is denied. Petitioners have not demonstrated...

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    Fall River’s Own Lizzie Borden

    by  • August 12, 2008 • trademark

    A local segment from WBUR’s broadcast of this morning’s NPR show “Morning Edition” was about a dispute in Massachusetts over the rightful owner of Lizzie Borden’s history. The argument is in the form of a trademark lawsuit, where the owner of the “Lizzie Borden Museum” trademark (website here) filed a complaint for trademark infringement...

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    “Heritage” Brands Revisited

    by  • August 8, 2008 • trademark

    Thanks to John Welch for pointing me to a new decision from the TTAB, Chrysler LLC v. Pimpo. Chrysler LLC opposed the registration of the mark RAMBLER for “automobiles and structural parts therefor” by Anthony S. Pimpo. RAMBLER is, of course, a model of car that was produced from 1950 to 1969 – you...

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    Oklahoma City or Seattle Supersonics?

    by  • July 28, 2008 • trademark

    There is some consternation in Seattle. The Seattle Supersonics are moving to Oklahoma City. One news report said “the SuperSonics are headed to Oklahoma City with Bennett leading the way, leaving behind the team name, colors and 41 years of history.” More accurately, another report said a binding agreement would “keeps the SuperSonics’ name,...

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    Who Owns a Dead Mark? Ask River West Brands

    by  • July 26, 2008 • trademark

    We’ve all encountered clients who believe that when a mark is unregistered, or the registration lapses, the client can immediately start using the trademark and take advantage of its residual goodwill. Brand significance can live on for many years and a newcomer may see an opportunity to leverage the goodwill in an unused mark...

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    POLAROID

    by  • July 25, 2008 • trademark

    I’ve been driving past the former Polaroid building in Waltham, Massachusetts on my way to work. The building is empty, the windows taken out, and what caught my eye is that the POLAROID sign is down. The company moved its headquarters to Concord at the end of 2007. Polaroid had already sold its landmark...

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    When Not to Assign Intent-to-Use Applications

    by  • July 25, 2008 • trademark

    The TTABlog reports on a successful trademark opposition because of an invalid assignment of an intent-to-use application. I mentioned yesterday that U.S. trademarks can be assigned without any tangible assets, but the U.S. trademark system has a carve-out for intent-to-use applications – they can’t be assigned without at least part of the ongoing business...

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    Assigning “Goodwill”

    by  • July 23, 2008 • trademark

    In the United States, an assignment of a trademark is invalid if the “goodwill” is not also assigned with the mark, but there’s no requirement that any tangible assets be transferred. So what exactly does it mean when agreements recite something like “Assignor does hereby assign to Assignee all rights, title and interest in...

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