trademark
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Everyone Owns the Mark, So No One May Use It
Demonstrating rare insight into the fundamental principles of trademark law, the court in LunaTrex, LLC v. Cafasso granted both parties’ motions for preliminary injunction on the same issue, enjoining everyone from calling themselves “LunaTrex.” That’s not an inconsequential holding, since it means none of the parties may participate in the $30 million Google Lunar X… Continue reading
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Sohmer v. Sohmer
Ryan Giles at the Las Vegas Trademark Attorney blog tells the tale of two claimants to the piano brand “Sohmer.” It’s a law school exam, and I think Ryan gets an “A.” Read it here. © 2009 Pamela Chestek Continue reading
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A Very Short License
The Trademark Blog reports on a new case where two companies claim to own the same mark. In the complaint, the plaintiff and trademark registrant claims that it licensed the mark to the defendant but later terminated the license. The defendant’s website says that it acquired the business from the plaintiff. Here is the relevant… Continue reading
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Making Your Bed
The 7th Circuit decision in Sunstar, Inc. v. Alberto-Culver Co. is interesting in two ways: it provides some insight into how one company is managing the Japanese market, and also provides a little education on Japanese trademark licensing law. Alberto-Culver, owner of the VO5 family of marks, wasn’t having any success in the Japanese market,… Continue reading
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The Twenty Year Registration Is Dead*
No more twenty year registrations. *Well, except for the grace period. Docket six months. © 2009 Pamela Chestek Continue reading
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The Restaurant Owns It, of Course
When the dispute over the ownership of the name of the famous restaurant “Tavern on the Green” started, I posted a poll asking whether the restaurant or New York City owned the name. The results are in, with responses overwhelmingly in favor of the restaurant, 93% to 6% (okay, well there were only 15 votes).… Continue reading
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Logo Designer Loses Again After No Show
A few days ago, the court in the Middle District of Florida held that the company that designed the logo for the “Beef O’Brady” restaurant did not own the logo for promotional goods, as blogged here. A few days later, the court also adopted the magistrate’s report and recommendation and granted a preliminary injunction against… Continue reading
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Logo Designer Loses (And Should Have)
In FSC Franchise Co. v. Express Corporate Apparel, LLC, a printing company designed the logo for a restaurant and manufactured and sold promotional goods for the restaurant. The parties had a falling out, the restaurant sued for infringement, and the logo designer counterclaimed for infringement too. Express Corporate Apparel made the branded apparel for plaintiff’s… Continue reading
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Who Owns “Tavern On the Green”?
The New York Times is reporting that New York City has reversed its original opinion about whether it or the soon-to-be-ousted lessee of the building owns the trademark “Tavern on the Green.” According to the article (registration required), when the City originally put the lease out for bids it said that it could not convey… Continue reading
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A Registrant, Its Assigns – and Exclusive Licensee
Section 32 of the Lanham Act, 15 U.S.C. § 1114, provides a cause of action for a “registrant” of a trademark. Section 45, 15 U.S.C. § 1127, defines a “registrant” as including “legal representatives, predecessors, successors and assigns.” So one only has a cause of action under Section 32 if one is the registrant or… Continue reading
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