• trademark

    Waiving Ownership of the Registration

    by  • February 10, 2020 • trademark • 0 Comments

    Do you need to own a trademark to succeed in an infringement claim? Not necessarily. The plaintiff, I&I Hair Corporation, now owns the registration for the trademark EZBRAID. Except that it originally didn’t; the registration was owned by Eunja Son, a principal of the plaintiff. I&I Hair sued the defendant, Beauty Plus Trading Co.,...

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    There’s The Episcopal Church and Then There Are Episcopal Churches

    by  • September 23, 2019 • trademark • 0 Comments

    In 2012, the South Carolina Diocese of The Episcopal Church declared that it disassociated from parent The Episcopal Church, a hierarchical church. The common understanding is that it was because of the ordination of gay clergy and acceptance of same-sex unions, although the disassociating diocese differs with that characterization. As a result there are...

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    Think of the Name

    by  • September 16, 2019 • right of publicity, trademark • 1 Comment

    In transactional work, don’t think just about what you’re getting, but also what you don’t want the target to do in the future. Three family members with the surname Traeger had a business in wood pellet grills. They sold the business to plaintiff Traeger Pellet Grills. At least one of the Traeger family later...

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    The Name Didn’t Stay With the Building

    by  • August 12, 2019 • trademark • 1 Comment

    Ownership of the trademark for a location-based business, like a restaurant, a theater, or a hotel, is always interesting. I don’t think there is any consistent outcome; it depends on the very specific facts of the given situation. Today’s installment is about a little bakery called The Long Grove Apple Haus. The original business...

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    Obligations versus Benefits

    by  • May 28, 2019 • copyright, trademark • 0 Comments

    Apparently someone is still interested in the Amiga operating system. In 2009, non-party Amiga, Inc. and defendant Hyperion Entertainment C.V.B.A. entered into a settlement agreement that resolved a number of lawsuits between them. The plaintiff, Cloanto Corp., was a licensee of Amiga at the time of the settlement agreement and mentioned in the agreement...

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    Today’s “Who Owns the Trademark” Quiz

    by  • March 11, 2019 • trademark • 0 Comments

    The opening sentence: “This case proves once again that people will fight for a catchy name.” My kind of case. Plaintiff Thomas Sköld coined the name “Restoraderm” for a proprietary skin care formulation. (When the court uses the word “coined,” you know it has grasped the difference between a word and a trademark.)  In...

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    The First Amendment and Collective Marks

    by  • March 4, 2019 • trademark • 1 Comment

    The government has been trying to seize the MONGOLS trademark for over ten years. You can read my previous posts about it here, here, here and here.  The Mongol Nation, an unincorporated association, owned or owns several registrations for a trademark, service marks and collective membership marks for the word mark MONGOLS, the riding...

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    The Things You Don’t Think Of

    by  • February 18, 2019 • trademark • 0 Comments

    We have a story of three firearm and ammunition companies. The parties in the case are DoubleTap Defense, LLC (DTD), a company that had an application to register the trademark DOUBLETAP for pistols, and Hornady Manufacturing Co., owner of several TAP-formative registrations for ammunition. The third company, not a party, is Double Tap Ammunition...

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