Pamela Chestek
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Don’t Forget Trade Dress In Your Manufacturing Agreements
Tecnimed SRL v Kidz-Med, Inc. is a manufacturer-distributor dispute with a bit of a twist – the agreement was clear about who owned the trademark (the manufacturer), but it didn’t address who owned the trade dress for the product. Tecnimed is an Italian company that makes a non-contact thermometer for taking a child’s temperature. Kidz-Med was… Continue reading
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Confirmed – X/Open Owns the UNIX Trademark
I previously blogged about a case where there was a challenge to the ownership of the UNIX trademark. The decision has now been affirmed in an unpublished decision by the 11th Circuit. The UNIX mark was owned by Novell, but Novell decided to first license, then assign the mark to X/Open, a technology consortium. Novell had used… Continue reading
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Who’s the Baddest Chicks?
(click to enlarge) You’re an administrative judge with the TTAB. The entity with the logo second from the left on the bottom of the poster owns a registration for “ATL’s Baddest Chicks.” The entity with the logo on the left, the domain name “www.littelconcepts.net” and the phone number 404-607-8772 claims to be the owner of… Continue reading
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Too Many Cupcakeries
Ryan Gile at the Las Vegas Trademark Attorney does a fabulous job summarizing a new suit over ownership of THE CUPCAKERY trademark – it’s my favorite kind, a family feud. Is the REAL Cupcakery here – or here?? The text of this work is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States… Continue reading
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Your Help Needed!
So, I filed an application to register the name of my blog. I was refused registration, twice, under Section 2(e) on the basis that the name of the blog is merely descriptive. I heartily disagree, but there I am, with a final refusal. So I’m taking a page from John Welch’s playbook (although without any floating key chain to… Continue reading
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Nothing Much New in Bratz
There was a recent summary judgment decision in the Mattel v. MGA Entertainment case (otherwise known as Barbie vs. Bratz), but nothing much notable on the ownership front. As it last stood, the Court of Appeals remanded the issue of ownership of the “Bratz” and “Jade” trademarks to the district court. Whether the names should… Continue reading
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An Ugly Trademark Ownership Decision
I’m only blogging about this case because I grew up within walking distance of the venue for the antique show with the disputed name, the Valley Forge Military Academy. The magistrate’s reasoning wasn’t so hot, but the district court managed to get it cleaned up. Bottom line is that the plaintiffs, the Gemmers, volunteered for several years to… Continue reading
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LunaTrex Out of the Race
A year ago, the LunaTrex team of the Google Lunar X Prize had fallen apart, as reported here. The problem manifest itself when the warring members each tried to claim ownership of the LunaTrex name. The X Foundation, sponsor of the contest, suspended the team until it received clear evidence of ownership of the LunaTrex… Continue reading
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Google Is the Senior User of ANDROID Mark
Google has successfully defeated an infringement claim over its use of the ANDROID trademark. So I thought I’d take a look at the bases, which include rarer claims of tacking and abandonment, along with a first use date kicker. Plaintiff Specht had a trademark registration for ANDROID DATA but went out of business. He assigned the mark… Continue reading
About Me
Learn more about me at my website, Chestek Legal
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- copyright
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- social media
- trade dress
- trade libel
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