trademark
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Fraud is Really Hard to Prove
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 petition… Continue reading
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Screwed, But Not a Federal Problem
There’s a tale here. Unfortunately for plaintiff, not enough to make a federal case. The plaintiff, G & F Licensing Corporation (GFLC), claims to be a successor company to the Gordon & Ferguson Company, the original owner of the mark FIELD & STREAM for apparel. The current record owner is Field & Stream Licenses Co.,… Continue reading
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It’s the Little Things
There’s a pretty interesting older decision about ownership of the “MG” (as in cars) trademark that serves up some good drafting lessons. The story starts with the failure of the MG Rover Group, owner of the “MG” mark. The Nanjing Automobile (Group) Corporation (“NAC China”) bought the MG brand, but a man named William Riley… Continue reading
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Wish There Was More Story
A few days ago there was some cryptic news about a trademark dispute over the PUMA marks. The press release says this: Sportlifestyle Company PUMA herewith declares that the former Spanish license holder Estudio 2000 S.A., which owned several PUMA trademark rights, has been obliged to vest these to PUMA according to the arbitration ruling.… Continue reading
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Don’t Expressly Abandoned a Trademark You Allege is Infringed
I don’t usually write about abandonment, but Commerce Bancorp LLC v. Hill is a good teaching moment – or maybe a not, since it looks like Commerce Bancorp dodged a bullet. But it only survived summary judgment in a court that sets a low bar for finding a genuine issue of material fact. The facts… Continue reading
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Who Will Win – Doctrine or Pragmatism?
Some cases make you wonder and UFA Holdings, Inc. v. Performance Acquisition Group Company is one of them. It’s newly filed in Oregon, as reported by local news channel KTMR.com. The first “G.I. Joe’s” store opened in 1947 and ultimately grew to a chain of 27 stores. As told in the plaintiff’s memorandum in support… Continue reading
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Claims Left Barely Standing
Commerce Bancorp LLC v. Hill is a meaty enough case on ownership issues alone it’s good for two blog posts. First is a standing problem that cropped up, second an allegation of trademark abandonment. I’ll do standing now and abandonment later. I am always somewhat baffled by changes in ownership of intellectual property when the… Continue reading
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Trademark License or Trademark Assignment?
In suit is what’s styled as a license to use the mark BUTTERNUT for bread in parts of Illinois. Interstate Bakeries (IBC) is the record owner of the BUTTERNUT mark and Plaintiffs Lewis Brothers Bakeries Inc. and Chicago Baking Company (LBB/CBC) use the BUTTERNUT mark. Interstate is currently in bankruptcy, which means it can reject… Continue reading
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Astaire v. Astaire
My favorite kind of spat, family. In the plaintiff’s corner we have Robyn Astaire, widow of Fred Astaire. How could I not have a gratuitous embedded video of the master: In the defendant’s corner we have her stepdaughter, Phyllis Ava Astaire McKenzie, along with two other individuals and Career Transition for Dancers, Inc. What is… Continue reading
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