• Posts Tagged ‘abandonment’

    Mongols Trademark Seizure

    by  • October 26, 2008 • trademark

    There have been a lot of posts about the government’s seizure of the MONGOLS trademark, used by a biker gang. You can find blogging about it here, here and here, and commentary here and here on what it means under trademark law principles. Ryan Giles at the Law Vegas Trademark Attorney had the comment...

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    Patsy’s Restaurant Wars

    by  • October 11, 2008 • trademark

    The never-ending saga of competing “Patsy’s” restaurants in New York simmers on. I count 13 decisions in the Westlaw database from at least three separate suits, plus there have been four petitions to cancel filed at the PTO. The latest decision, resolving all outstanding issues between the parties at the trial court level, starts...

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    Licensing, Naked or Clothed

    by  • September 24, 2008 • trademark

    In the Moose Tracks ice cream post, I mentioned that it didn’t look like a naked license situation because Denali was doing everything necessary to defeat a claim of naked licensing. Nevertheless, there was some suggestion in the survey that consumers didn’t associate the “Moose Tracks” flavor with any particular source, i.e., that they...

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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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    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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    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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    “Heritage” Brands Revisited

    by  • August 8, 2008 • trademark

    Thanks to John Welch for pointing me to a new decision from the TTAB, Chrysler LLC v. Pimpo. Chrysler LLC opposed the registration of the mark RAMBLER for “automobiles and structural parts therefor” by Anthony S. Pimpo. RAMBLER is, of course, a model of car that was produced from 1950 to 1969 – you...

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    Oklahoma City or Seattle Supersonics?

    by  • July 28, 2008 • trademark

    There is some consternation in Seattle. The Seattle Supersonics are moving to Oklahoma City. One news report said “the SuperSonics are headed to Oklahoma City with Bennett leading the way, leaving behind the team name, colors and 41 years of history.” More accurately, another report said a binding agreement would “keeps the SuperSonics’ name,...

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    Who Owns a Dead Mark? Ask River West Brands

    by  • July 26, 2008 • trademark

    We’ve all encountered clients who believe that when a mark is unregistered, or the registration lapses, the client can immediately start using the trademark and take advantage of its residual goodwill. Brand significance can live on for many years and a newcomer may see an opportunity to leverage the goodwill in an unused mark...

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