• Posts Tagged ‘band’

    Be Careful What You Wish For

    by  • January 23, 2017 • trademark • 0 Comments

    To “plead yourself out of court” is to state facts in a complaint that mean you have already lost. Something like, in a personal injury case, saying “I rear-ended him because he stopped at a red light” would do it. In Reynolds v. Banks it’s not quite exactly that, but pretty darn close. Sandra...

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    Round and Round

    by  • November 14, 2016 • trademark • 0 Comments

    We have one of my favorite things, a chain of title case, and one about a band name to boot. Usually band name cases are pretty ugly, about a bunch of people getting together without any legal formalities. But this is not that case. We have the 80’s glam band RATT (official website –...

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    The Drifters, Yet Again

    by  • March 22, 2015 • trademark • 0 Comments

    One thing that’s sure to make my eyes roll back into my head is the word “Drifters” in a case caption. Westlaw has 13 cases listed, 8 federal, 3 state and 2 TTAB. Now the TTAB has had another crack at it, including looking at evidence that goes all the way back to the...

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    The Wrist-Rocket Factors

    by  • July 1, 2014 • trademark • 0 Comments

    Small businesses or community organizations, like restaurants or well-meaning citizens running a charitable fund-raising event, often don’t have many formalities around their operation, so when there is a dispute over the ownership of the name it’s bound to be very messy. But I don’t think there is any more vexing trademark ownership situation than...

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    If There’s No Evidence, How Do You Decide?

    by  • November 18, 2013 • trademark • 1 Comment

    I often write about cases where there are two claimants to the same trademark. We’re still struggling with the fundamental doctrine that should apply in the situation, and because we’re struggling it means that the litigants may not capture or offer evidence that the fact finder needs in order to decide. Which is what...

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    Another Band Name Ownership Decision

    by  • October 21, 2012 • trademark • 0 Comments

    Ok, I’m very confused by the decision in the TTAB case O.T.H. Enterprises, Inc. v. Vasquez. What’s confusing is that the Board discusses, in two separate parts of the decision, ownership of the mark and priority. I don’t really get that – if the case is about who owns the mark, what other mark...

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    How to Steal a Trademark

    by  • June 28, 2011 • trademark

    You don’t see it happen much at all, but a band managed to successfully, including on appeal, claim ownership of the band’s name, despite contractual agreements that conceded the name was owned by the original management company and its successor. We’re talking about an unregistered trademark here, for the band Exposé. (There was an...

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