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: Las Vegas Trademark Attorney

Judge Allows Ozzy Osbourne to Continue Lawsuit Over BLACK SABBATH

By Ryan Gile

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Back in June 2009, I wrote (link here) about the lawsuit filed by Ozzy Osborne against Tony Iommi over the rights to the BLACK SABBATH name. Ozzy?s lawsuit sought a declaration that he is at least a joint owner of the BLACK SABBATH mark (after rejoining the band in 1997 and revitalizing the brand) and that Iommi is not the sole owner of the mark as well as a cancellation of the BLACK SABBATH federal registration that Iommi currently owns on the basis that Iommi, when he filed the application in March 1999, made a knowingly false statement to the PTO when he declared that no other person had any right to use the BLACK SABBATH mark in commerce.

Today, the New York Post reported that District Court Judge John Koeltl ruled in favor of allowing Ozzy to move forward with his suit ? while at the same time urging the parties to resume mediation in order to resolve the case instead of proceeding to trial. No other details have been reported. Other coverage by Blabbermouth.net.

So it looks like the Iron Man will Rock On.

Full post as published by Las Vegas Trademark Attorney on February 26, 2010 (boomark / email).