We have a case at the intersection of band names and zombie marks, clearly one for which the melody lingers on. In 1997 there was a jam session at SXSW that included the band Los Lobos. In 1998 some of the SXSW performers created a Grammy award-winning album called Los Super Seven; petitioner Daniel...
Read more →UPDATE: The parties settled, divvying up the brands. I haven’t written about “zombie” or “heritage” marks in a long time. I last wrote in 2011, about a suit involving department store brands that Macy’s acquired and rebranded, abandoning the original names of Marshall Field’s, I. Magnin, Burdine’s, Kaufmann’s, Lazarus, Meir & Frank, Rich’s and...
Read more →I just watched the most recent episode of Mad Men, “The Strategy.” The “strategy” is for an advertising campaign for the Burger Chef chain of fast food restaurants. Here’s the closing shot of the episode, with Pete, Peggy and Don sitting in a Burger Chef: Anyone eaten at a Burger Chef lately—anyone? According to Wikipedia, there...
Read more →Well, here’s a teaser of a case we might never know more about. The mark INTRAV has been registered since 1968 for travel agency services and is now owned by International Expeditions, Inc. A company called Christine E, LLC filed a petition to cancel the mark on the basis of abandonment: After diligent inquiry,...
Read more →I previously told the story of what I characterized as a zombie piano trademark for SOHMER. The long version is here and the short version is that an owner of the mark, Burgett, Inc., had a period of non-use during which time it allowed the registrations to lapse; upon discovering the lapse another piano...
Read more →Digging into an interesting decision about the duty to defend an insurance claim turns out to be a long tale about a zombie mark, with strategic moves in prosecution, before the TTAB, and in federal court. It’s still going, but as far as I can tell all that should be left to decide is...
Read more →There’s been a fair amount written about “heritage,” “dead” or “zombie” brands, including by me. These are brands that aren’t being used anymore by the original owner, but they still have resonance with consumers. A third party comes along specifically with the intent of exploiting the consumer recognition by creating a new offering around...
Read more →Defendant River West Brands LLC is a company that, in its own words, “identifies, acquires, redevelops, and monetizes iconic brand intellectual property that is significantly distressed.” In other words, its business is in zombie brands. I previously blogged on some of the methods the company uses here. It’s a business model with fairly significant...
Read more →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...
Read more →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...
Read more →Attorney Advertising. Prior results do not guarantee a similar outcome.
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