• Posts Tagged ‘abandonment’

    Who Will Win – Doctrine or Pragmatism?

    by  • June 30, 2010 • trademark

    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...

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    The City Owns “Tavern on the Green”

    by  • March 13, 2010 • trademark

    You just can’t trust your readership.  When the City of New York first claimed that it owned the name of the landmark New York City restaurant “Tavern on the Green,” I posted a poll asking readers’ opinion.  The result from the many, many voters (15) was resoundingly in favor of the restaurant. We were...

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    Ball Bearing Trademark Rolling Free, Like a Fumbled Football

    by  • January 17, 2010 • trademark

    Both plaintiff and defendant sell ball bearings using the same four-digit codes. The codes provide information on the characteristics of the bearings. But this isn’t a copyright case about the numbering system, it’s a claim that the series numbers are trademarks. The plaintiff, RBC Nice Bearings Inc., f/k/a Nice Ball Bearing Co. (“Nice”), started...

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    A Very Short License

    by  • November 26, 2009 • trademark

    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...

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    It’s Only One Mark

    by  • May 17, 2009 • trademark

    Sometimes the TTAB is an alternative reality. It’s happening right now as it struggles with trademark ownership disputes. In Arturo Santana Gallego v. Santana’s Grill, Inc., there was family falling out. The TTAB reached a conclusion that may be right, but in a way that is so doctrinally irrelevant that we can’t know. The...

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    Starfish and Spiders

    by  • March 22, 2009 • trademark

    I’ve been reading The Starfish and the Spider. The premise of the book is that some organizations are centralized and top-down, which is the spider – you cut the head off and it dies. But there are decentralized, non-hierarchical organizations that are like a starfish – if you cut it in half, it becomes...

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    The Risk of the Silent License

    by  • February 20, 2009 • trademark

    A previous post looked at a contract that was silent on trademark ownership and licensing, leaving the court to sort out who owned the trademark in dispute. A similar problem, a contract silent on the trademark, was decided in the Northern District of Indiana on the same day. This time, it was decided in...

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    JOYCE Still Up for Grabs

    by  • February 12, 2009 • trademark

    Awhile back I blogged on a TTAB opposition and cancellation between the Joyce Theater Foundation, Inc. and Ballet Tech Foundation, Inc. The proceeding involved a dispute over who owns the mark JOYCE, the foundation that purchased and renovated a theater named JOYCE or the foundation that ran the facility. The TTAB held that the...

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