• Posts Tagged ‘tacking’

    Google is, Irrelevantly, Confirmed as the Senior User of the ANDROID Mark

    by  • April 7, 2014 • trademark • 0 Comments

    Before Google acquired Android, Inc., and later released the Android operating system, Erich Specht had registered the mark ANDROID DATA. Specht claimed Google infringed his trademark; Google was successful in the trial court with a claim that Specht had abandoned the trademark, as I previously blogged. The Court of Appeals for the Seventh Circuit...

    Read more →

    A Good Tacking Decision

    by  • March 30, 2011 • trademark

    Boathouse Group, Inc. v. TigerLogic Corp. is a priority dispute between two trademarks for software used to enhance the functionality of social media sites. The plaintiff’s mark was POSTPOST, located at postpo.st, and the defendant’s was POSTPOST, located at postpost.com.  Given the identicality of the marks, the only question was whether the services were...

    Read more →

    Google Is the Senior User of ANDROID Mark

    by  • January 5, 2011 • trademark

    Google has successfully defeated an infringement claim over its use of the ANDROID trademark.  So I thought I’d take a look at the bases, which include rarer claims of tacking and abandonment, along with a first use date kicker. Plaintiff Specht had a trademark registration for ANDROID DATA but went out of business. He assigned the...

    Read more →

    Making Your Bed

    by  • November 18, 2009 • trademark

    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...

    Read more →

    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...

    Read more →

    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,...

    Read more →