• Posts Tagged ‘manufacturer’

    You Need to Ask Who Is Making the Product

    by  • June 28, 2013 • trademark • 1 Comment

    Nahshin v. Product Source International, LLC is a fairly routine manufacturer-distributor dispute with a twist — a middleman. It could have mucked things up a bit, but the Trademark Trial and Appeal Board handled it neatly. Israeli businessman and petitioner Leonid Nahshin adopted the mark NIC-OUT at least as early as January 1, 2002...

    Read more →

    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....

    Read more →

    Way Too Many Co-owners

    by  • May 23, 2012 • trademark

    International Importers v. International Spirits & Wines, LLC is, at bottom, a manufacturer-distributor dispute. It’s also a lesson in how not to handle trademark ownership. Fernbrew Pty. Ltd. Corp., an Australian company, is the owner of trademark registrations for WALLABY CREEK for wine in Australia, New Zealand, the EU, and Canada, but the U.S....

    Read more →

    Just Another Skirmish or the War?

    by  • December 26, 2011 • trademark

    Registrant’s goods Cancellation action Paul Audio, Inc. v. Zhou is just one glimpse of what clearly is a much larger dispute. Baoning Zhou, an individual, is the owner of a registration for the mark C-MARK for audio equipment. Petitioner Paul Audio, Inc., owned by Li Gong, had also applied to register the C-MARK mark...

    Read more →

    WYHA (Would You Have Abandoned)?*

    by  • September 4, 2011 • trademark

    ZAO Gruppa Predpriyatij Ost v. Vosk International Co. is a very long decision with very little meat.  Sixty-eight pages, of which the first 34 are evidentiary rulings suitable for the final exam for any evidence course. Applicant Vosk International Co. had an agreement with opposer and manufacturer ZAO Ost Aqua to import ZAO Ost...

    Read more →

    When Are You a “Distributor”?

    by  • June 17, 2011 • trademark

    There’s a presumption in manufacturer-distributor cases that the manufacturer owns the mark. Is the presumption deserved? What is fundamentally different between a manufacturer-distributor relationship and one where a company contracts for the manufacture of its product (an OEM relationship), when there isn’t the same presumption? Does it fall into one category or the other...

    Read more →

    Brother versus Sister

    by  • May 6, 2011 • trademark

    Sometimes things in your life intersect. I recently had the pleasure of attending “The TTAB Comes to Boston,” a day when the Trademark Trial and Appeal Board heads to Boston for the day. It was a fabulous event, a great case and a great panel. And then the first case that landed on my...

    Read more →

    Unremarkable Manufacturer-Distributor Dispute

    by  • December 21, 2010 • trademark

    Wincam America, Inc., a distributor for CD Lab AG Multimedia Systems, filed applications to register the WINCAM and WINCAM AMERICA trademarks in the U.S.  CD Lab, the foreign owner of the WINCAM mark, was unhappy.  Wincam America set out the possible scenarios: (1) withdraw the applications, (2) CD Lab register the marks and Wincam...

    Read more →

    Fraud is Really Hard to Prove

    by  • August 14, 2010 • trademark

    The TTABlog reports on a case involving a fairly common type of dispute, between a manufacturer and importer, albeit with a twist.  I’ll elaborate a little more on the claim that relates to the ownership of the mark. The importer was the registrant of the mark ZYTNIA for vodka; the Polish manufacturer filed a...

    Read more →