• Posts Tagged ‘fraud’

    What’s a “Trolley Pub,” You Ask?

    by  • December 19, 2016 • trademark • 0 Comments

    I’m SO glad you did, because I can tell you all about the Trolley Pub® transport services – note the care with which I’ve used the term as a trademark, although I will dispense with any effort to use it in adjective-noun form from now on. The Trolley Pub is a pedal-powered street trolley...

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    A Trademark Cause of Action Absent Confusion

    by  • April 13, 2015 • trademark • 0 Comments

    Sometimes it’s difficult to state a claim for a trademark ownership dispute. There is no cause of action per se for declaring or correcting ownership of a trademark.* Resolution of the ownership issue is almost always subsumed into the infringement claim, because the two warring parties are both trying to use the trademark and...

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    The Complication of Government Forms

    by  • January 27, 2015 • trademark • 2 Comments

    When we file trademark applications electronically, there is a form declaration for the signatory. At the time Slep-Tone Entertainment filed its applications, this was the language: The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and...

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    How Not to Manage a Brand

    by  • February 17, 2014 • trademark • 0 Comments

    I’m very interested in C.F.M. Distributing Co. v. Costantine, a case about a failed franchise and a son’s effort to revive it. The effort failed because there were so many former uncontrolled licensees that the Trademark Trial and Appeal Board held (as affirmed by the Federal Circuit) that the applicant was not the owner...

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    One Cannot Put a Would-Be Franchise Back Together

    by  • February 10, 2014 • trademark • 0 Comments

    I was all stoked because one of the most complicated trademark ownership cases I’ve ever seen, C.F.M. Distributing Co. v. Costantine, was appealed to the Federal Circuit. Super! Clarification from a Court of Appeals on trademark ownership! Sigh. Affirmed under Rule 36 without an opinion. Oral argument here. The text of this work is...

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    Check All the Boxes

    by  • October 14, 2013 • copyright • 0 Comments

    When we last visited DeliverMed Holdings, LLC v. Schaltenbrand, plaintiff DeliverMed had lost on all claims, including on some copyright and trademark theories. DeliverMed appealed the holdings that it was not the owner of the copyright in this logo and that the copyright registration was invalid. The district court was colorful in its description...

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    The Tale, Part II

    by  • March 18, 2013 • trademark • 0 Comments

    DeliverMed Holdings LLC v. Schaltenbrand is a dispute about a failed business involving the tagline “Right at Home, the trademark “DeliverMed,” and a “mortar and pestle” logo: In the last post we covered the court’s opinion, after a bench trial, on the ownership and infringement of the copyright in the logo. Score one for...

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    Wrist-Rocket Factors Applied

    by  • December 4, 2012 • trademark • 0 Comments

    Haggar International Corp. v. United Company for Food Industry Corp. is a fairly classic manufacturer-distributor dispute. The conflict started over twenty years ago and the suit has been pending for nine years, which explains why the parties have widely differing recollection of relevant events. Hat’s off to the court for sorting out the mess....

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