• trademark

    It’s a Really Good Idea to Get the Contract Signed

    by  • September 19, 2022 • patent, trademark • 0 Comments

    Not signing the agreement wasn’t fatal to the plaintiff’s claim, but it might have avoided the lawsuit altogether. Plaintiff Olson Kundig is an architectural firm whose owner and design principal is Tom Kundig. Defendant 12th Avenue Iron is a custom architectural metalwork fabricator owned by Stephen Marks. In 2009 Kundig and Marks decided to...

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    So You Can Tack — Now What?

    by  • February 22, 2022 • trademark • 0 Comments

    It’s not unusual for those involved in charitable work to have trademark ownership issues. I suspect it is because the organizations are largely volunteer-driven without, at least at first, any formal business organization or structure. They are also often ideologically driven, which means that different views on the group’s direction will cause a schism....

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    Assigning a Trademark Claim

    by  • February 7, 2022 • trademark • 0 Comments

    Plaintiff Delta Medical Systems, Inc. co-owned a trademark registration for NITREX for “medical gloves” with Delta Hospital Supply, Inc. and Delta Medical Supply Group, Inc. Delta Medical sued defendant DRE Health Corp. for trademark infringement. You may have seen this coming: DRE Health Corp. filed a motion to dismiss that the two other co-owners...

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    You Have to Use a Mark to Own It

    by  • January 26, 2022 • trademark • 0 Comments

    The main lesson here is be careful who you go into business with, or at least have an agreement that keeps them from backstabbing you. Defendant William Brady was the president of a company called Xponential, Inc. d/b/a EKR. EKR was a consulting firm that assisted startups with business strategy, marketing, creative services, and...

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    Jus Tertii is Disfavored Except When It 100% Works

    by  • September 21, 2020 • trademark • 0 Comments

    This is a litigation strategist’s dream. I don’t think the outcome is right, but I will say it was really excellent lawyering. Plaintiff Business Moves Consulting, Inc. owns a trademark registration for: for a long list of clothing items. It sued Collegiate Licensing Company, LLC and others for trademark infringement.1 CLC is a licensing...

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    The Standing of an Exclusive Trademark Licensee (or not)

    by  • July 6, 2020 • right of publicity, trademark • 1 Comment

    July 7, 2020: Updated to add footnote 2. Section 32 of the Lanham Act is for infringement of registered trademarks. The section says that the liability for infringement is to the “registrant.” That category undisputedly includes a successor-in-interest, such as an assignee. A minority of courts have also held that “registrant” encompasses an exclusive...

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