• trademark

    Barking up the Wrong Tree

    by  • September 20, 2008 • trademark

    I wrote an article proposing an analytical framework for resolution of disputes where two parties claim to own the same trademark, using settled law on the manufacturer-distributor relationship as a starting point.  The situation comes up fairly often and in this case the tip off is early – “This dispute stems from the shifting business relationship”...

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    And the Survey Says —

    by  • September 16, 2008 • trademark

    I had a great response to my survey; my thanks to everyone who participated and to those who drove traffic to the survey, particularly Marty at The Trademark Blog and John at The TTABlog. Here’s a link to the original post and here’s a pdf version of the blank survey questions, in case you...

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    There’s Only One Mustang Ranch

    by  • September 11, 2008 • trademark

    The Seattle Trademark Lawyer reports on a 9th Circuit decision affirming ownership of the mark MUSTANG RANCH. It’s a long saga, where the government seized the ranch and all its property then stumbled around for years trying to figure out what to do with it. David and Ingrid Burgess then adopted the mark and...

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    Thanks to All

    by  • September 9, 2008 • trademark

    Thanks to everyone who responded on the ice cream survey. I had 207 responses, 200 US and 7 foreign. I’ll be posting the results in the next day or two. © 2008 Pamela Chestek

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    Heavy Hitting in Las Vegas

    by  • August 29, 2008 • trademark

    The Law Vegas Trademark Attorney gives us background on a newly-filed dispute over the mark HEAVY HITTER(S). It’s an interesting situation – it looks like an advertising agency registered the mark HEAVY HITTER (although the certificate says HEAVY HITTERS) for legal services and relied on licensees’ use to support its registration. Glen Lerner, of...

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    The NFL is One Entity – For Trademark Licensing, Anyway

    by  • August 23, 2008 • trademark

    An appropriate decision for football season; the Court of Appeals for the 7th Circuit has affirmed, in an antitrust case, that the exclusive licensing of all professional football teams marks to one vendor is not a violation of the Sherman Act. NFL Properties is an unincorporated organization of 32 separately owned teams. Each team...

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    Goodwill for Sale

    by  • August 21, 2008 • trademark

    The area of “residual goodwill” seems to be a hot one lately. I posted recently on River West Brands and Chrysler LLC v. Pimpo, two “residual goodwill” situations, and the TTABlog recently posted on a third one involving the LaSalle trademark for automobiles. “Residual goodwill” describes the significance of a trademark when it is...

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    EasyTrademark Licensing

    by  • August 19, 2008 • trademark

    The IPKat has brought our attention to a spat between Sir Stelios Haji-Ioannou, founder of easyJet, and that airline over its use of “easy” for more than just plain Jane “easyJet.” Seems Sir Stelios licenses the easyJet name to the airline through a licensing company called easyGroup IP Licensing, and finds that easyJet’s use...

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